Vol. 157 No. 13
I remind Senators that a Senator may speak only once on Report Stage except the proposer of an amendment who may reply to the discussion on the amendment. Also on Report Stage each amendment must be seconded.
Amendment No. 1 is a Government amendment; amendment No. 1 is consequential on amendment No. 2. Therefore, amendments Nos. 1 and 2 may be discussed together by agreement. Is that agreed? Agreed.
This amendment arises out of yesterday's discussion about facilitating the inclusion of universities and higher education institutions in Northern Ireland within the George Mitchell Scholarship Fund scheme and legislation which was sponsored by Senator Quinn. We had some debate yesterday on the advice I had received. It was good that we decided to adjourn and give time for reflection and discussions with the parliamentary draftsman in the Attorney General's Office and other competent authorities. I am glad that the result is an improvement to the Bill which facilitates the inclusion of universities or other institutions of higher education in Northern Ireland with the consent of such universities or institutes of higher education and with the consent of other relevant competent authorities, that is, the funding agencies, etc. This morning we had consultations with the competent authorities who see no difficulty with this. It does not oblige anybody with financial implications or anything like that.
I thank Senator Quinn and Senator Manning for their contributions to the debate yesterday. It just shows the value of pausing for reflection and introducing another provision because it is an improved Bill as a result of this. I am happy to commend this amendment.
Amendment No. 2 is consequential on amendment No. 1, which amends the Long Title.
Yesterday we spoke about the speed at which the Minister introduced the Bill. He was even complimented on the speed of his speech. Even more commendable is the fact that he listened and took into account the case being made. His response shows that he is able to retain information, respond and listen. I compliment him on the action he took and the manner in which he took it.
I also thank Senators Henry and Manning who made strong cases in support of this amendment. I also compliment this House. A number of amendments were put to the Minister during the passage of the Bill through the Dáil. He took those amendments into account and improved the Bill. However, the subject of this amendment had not been noticed. This is a reminder that the Seanad has a part to play. I compliment the Minister on his listening ability and his ability to respond so rapidly and with such intent. He has achieved more than anyone else set out to achieve.
The Minister accused me of using words which may have suggested that I was speaking about him. My concern is that sometimes, in the nation as a whole, there is an attitude that people north of the Border are not part of us. That does not happen and my comments were never intended to reflect on any one individual. However, there is a mindset which I would like to see changed. As an island we should remember that we are one people. It is worthwhile examining every Bill to ensure we do not fall into the mindset of thinking that those north of the Border are not part of us.
This Bill will be improved by the acceptance of this amendment. It will give more explicit effect to the Minister's intention which was not previously explicitly stated. The Bill will also better incorporate the inclusive spirit personified by Senator Mitchell. For these reasons I welcome this amendment. I also compliment Senator Quinn on spotting this lacuna and fighting to have this change made. He made an eloquent case.
I also compliment the Minister. He is under pressure but listened carefully to what was said. When he saw the force of the arguments being made on this side of the House, and the general support from his own side for these proposals, he agreed to postpone Report Stage. He has taken further advice and introduced changes which please all Members. I compliment him on being so fair and open minded during this debate.
The lesson from this is that, perhaps we should be less reverential when listening to legal advice. When Fine Gael was in Government, legal advice frequently overruled common sense, often with bad consequences. One of the virtues of a parliament is that legal advice can be one of the factors taken into account. However, it does not always have to be the overriding factor. Attorneys General will come at a particular issue from a strictly legal and constitutional point of view. As politicians we have to take what they say into account, but that need not necessarily be the only consideration. I am glad it has been possible to find a formula of words which meets the needs identified by Senator Quinn to the satisfaction of the House. I compliment the Senator and thank the Minister.
I concur with everything that has been said. I congratulate the Minister for agreeing to Senator Quinn's amendment. This shows the importance of the second Chamber and the careful manner in which Senators carry out their business and handle legislation. I agree with Senator Manning that political common sense must always prevail. The acceptance of this amendment is a great example of this and I congratulate all those, including officials, for bringing this issue to such a speedy conclusion.
