I move amendment No. 7:
In page 3, before section 4, to insert the following section:
"4. (1) The functions of the Institute shall be—
(a) to provide degree level courses, diploma level courses and certificate level courses and, subject to such conditions as the Minister may prescribe, such other courses, including post-graduate courses, as may seem appropriate to the Governing Body;
(b) to engage in research in such fields as the Governing Body may deem appropriate;
(c) subject to the approval of the Minister, after consultation with an tÚdarás—
(i) to buy, acquire, maintain, manage, administer and invest all the property, money and assets of the Institute,
(ii) to institute and, if thought fit, to award scholarships, prizes and other awards;
(d) to accept from donors gifts of land or other property upon such trusts and conditions, if any, as may be specified by the donors; provided that nothing in any trust or condition is contrary to the provisions of this Act;
(e) subject to such conditions as the Minister may prescribe, to do all such acts and things as may be necessary to further the objects and development of the Institute.
(2) (a) The Minister may, with the concurrence of the Minister for Finance, by order assign to the Institute such additional functions as he thinks fit.
(b) Whenever an order is proposed to be made under this subsection, a draft of the proposed order shall be laid before each House of the Oireachtas and the Order shall not be made until a resolution approving of the draft has been passed by both Houses of the Oireachtas.
(3) The Minister may by order revoke or amend an order under this section including an order under this subsection.".
As the Chair rightly said this is an embracing amendment. I have carefully considered the various representations made to me in relation to this section. For the purposes of clarification and to ensure that there will be no doubts as to the provisions of the section, the section has been recast. Provision has also been made for the assignment of additional functions to the institute by ministerial order.
The revised wording of subparagraph (1) (a) has been introduced at the request of the institute. I am sure the Deputies in their amendments wished to achieve the same purpose—to remove the limitations that the Minister's approval is required for the provision of courses other than certificate, degree and diploma courses leading to awards by the National Council for Educational Awards. In this amendment I am proposing that the words "subject to the Minister's approval" should be replaced by the words "subject to such conditions as the Minister may prescribe". I do not think there is need for any further comment on that.