I compliment the Government on introducing this legislation. On behalf of the Labour Party and in the context of this legislation I recognise the enormous contribution by George Mitchell to the British-Irish Agreement and his great input into thinking here. He represents an excellent role model for students. He demonstrates the equalities to which we should all aspire. However, I have a number of difficulties with the legislation. I do not mean to be negative but I make my suggestions in a constructive manner to the Minister. The first two amendments I have tabled are of a technical nature while the other two deal with a more substantive matter.
Amendment No. 1 deals with the use of the word "duly", in page 3, line 21. Section 2 (1) states: "The Minister shall duly establish, in the United States,.". My legal advice is that the word "duly" is redundant, adds nothing to the Bill and the text would benefit from its deletion. Amendment No. 2 is of a more serious nature in that it deals with an aspect of international law — that a State cannot pass legislation for something to happen in another State without the consent of that State. Section 2 (1) states:
The Minister shall duly establish, in the United States, a fund which shall be known as the George Mitchell Scholarship Fund,.
In page 3, line 21, subsection (1), after "States" I am seeking to insert the following: "with the prior consent of the United States". A State can pass extraterritorial legislation of this type only with the consent of the State in which the activity is being carried out. The amendment will ensure the Bill complies and is seen to comply with international law. I ask the Minister to examine that matter. If his legal advice is contrary I am happy to accept it. My legal advice is as I have presented it.
Amendments Nos. 3 and 4 relate to the type of institutions with which American students, who benefit under the George Mitchell scholarship fund, may become involved in Ireland. As the Bill is drafted this is restricted to universities. The explanatory memorandum states:
The Bill provides for the Minister for Education and Science to establish a fund for the purpose of providing scholarships for citizens and nationals of the United States who are attending universities or colleges of higher learning in the United States..
The students who can avail of the fund do not have to attend universities, they can attend other colleges of higher education. I put it strongly to the Minister that we need to expand the list of institutions which can benefit under this fund in Ireland in the sense of students being referred to them. The areas of study of the Irish School of Ecumenics are ecumenics and conflict resolution. Its academic base is growing rapidly in the context of a new arrangement it will enter into with Trinity College. This institution deals with areas of study which are fundamental to those in which George Mitchell has involved himself. American students should be given the opportunity to choose that institution when pursuing the type of study which will be funded under the new scholarship fund.
I am concerned that the institutes of technology have been omitted from the Bill. It is extraordinary that a scholarship fund, being put in place to honour an American, George Mitchell, who has played such a huge role in bringing about peace in Ireland, is not to be applicable to the Border counties. There are two institutes of technology in the Border counties, at Letterkenny and Dundalk. Surely it is appropriate and necessary that institutes of technology in the Border areas be included among those prescribed in the Bill. The whole sector should be involved. I represent the south-east region which has two institutes of technology, Waterford and Carlow. Both these institutes will be outside the scheme as proposed. It further means the fifth largest city will be unable to participate in the context of students taking up their studies in third level institutions in Waterford. There will not be an opportunity for American students to attend institutions in the midlands.
The north-east, the north-west, the midlands and the south-east will, by definition, be excluded from participating in the scheme. These exclusions are unjustifiable, particularly in the context of the growth of those institutions and their status. If graduates from the institutes of technology seek to take up employment in the US, it will be important to use every means at our disposal to raise the level of their status to ensure that the qualifications they offer will take on a higher standing in that country. This will happen if the Minister takes the route outlined in my proposal.
Does he intend to take a proactive role in respect of the donations that can be made to the fund? Will the organisation to be established in the US under the legislation be charged with playing a proactive role in terms of seeking finance or other assets to add to the fund to increase the number of people participating in the scheme?
I welcome the establishment of the George Mitchell scholarship fund and my party supports the Bill. As stated earlier, George Mitchell is an excellent role model for young people because he portrays and personifies the attributes which are so important for a person intent on serving his community or other communities in the best possible way.
Will the Minister take a more inclusive attitude with regard to the institutions in this country which will be allowed to participate in the scheme? I accept the Bill may have been rather hurriedly produced and that this aspect may have been inadvertently overlooked. Therefore, I will not make a political meal out of this point. However, the Bill will be better, more inclusive and more appropriate if the Minister includes the institutes of technology and the Irish School of Ecumenics among the institutions which can participate in the scheme.