Seanad amendment No. 2 is consequential on Seanad amendment No. 1. It is proposed that amendments Nos. 1 and 2 be taken together if that is agreed.
George Mitchell Scholarship Bill, 1998: From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
I move that the Committee agree with the Seanad in amendment No. 1:
Section 2. In page 3, subsection (1), all words from and including "at an" in line 27 down to and including line 29 deleted and the following substituted:
"at ——
(a) a university or college to which the Universities Act, 1997, applies,
(b) the Dublin Institute of Technology,
(c) an educational institution to which the Regional Technical Colleges Act, 1992, applies, or
(d) the Irish School of Ecumenics situated, for the time being, at Milltown in the city of Dublin.".
Paragraph (a) of amendment No. 1 is a technical amendment which I am introducing on the advice of the Attorney General's office. The amendments accepted on Committee Stage in this House provided for the addition of the institutes of technology and the Irish School of Ecumenics to the list of third level institutions at which beneficiaries of the fund could study. The Attorney General's office has recommended that paragraph (a) of amendment No. 1 is necessary to define more precisely what institutions come within the terms of the Irish School of Ecumenics and institutes of technology.
Paragraph (b) of amendment No. 1 will amend the list of institutions further to permit the inclusion of third level institutions in Northern Ireland. It provides that beneficiaries of the fund may study at such universities and other institutes of higher learning in Northern Ireland as the Minister may specify, provided that the said institutions and any other relevant competent authorities consent. This amendment which was proposed in the other House and accepted by me during the course of debate there is in keeping with the spirit and motivation underpinning the Bill.
Amendment No. 2 gives effect to amendment No. 1 in the Long Title of the Bill. It also clarifies the origin of the Bill.
I welcome the introduction of the amendment. In our original deliberations on the Bill we focused almost exclusively on the background to its introduction and the work of Senator George Mitchell. It was seriously remiss of the House not to have noted the anomaly Senator Quinn has brought to our attention. The Bill will undoubtedly be improved by the addition of the amendment.
The Minister indicated that he received legal advice which stated that he was obliged to specifically list the colleges to which the Bill will reply in the Republic. Why is he not obliged to provide such a listing for Northern Ireland? In my opinion what is sauce for the goose is sauce for the gander but it seems that a general formulation applies in respect of Northern Ireland.
The original advice was that we could not legislate for colleges in another jurisdiction. Following the Committee Stage debate in the Seanad we took further advice to see if the proposals put forward by Senator Quinn and others could be accommodated. One must be sensitive in this area. One cannot assume that one has jurisdiction over colleges in another state. We made contact with the Northern Ireland authorities, to which the term "competent authority" refers, in that regard.
There is general satisfaction that the amendment covers the concept of students being able to study at institutions of higher learning in Northern Ireland. I presume that the colleges themselves apply for inclusion or the competent authority, pending developments, will be able to set down criteria. The key point is that the Bill will allow students to study at colleges in Northern Ireland and that there is consent for this on all sides.
With regard to amendment No. 1, existing legislation contains definitions of higher education institutions in this country. Therefore, they and the universities are covered under previous Acts. It is easier and more precise to refer to the previous Acts in the legislation.
Having introduced amendments on Committee Stage which the Minister accepted, I have no difficulty in accepting the amendments before the House because they will improve the Bill. I compliment the Minister and the Senators for assisting in that regard.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:
In page 3, lines 14 and 15 deleted, and the following substituted:
"RESEARCH IN THE STATE IN INSTITUTIONS OF HIGHER EDUCATION, TO GIVE EFFECT TO AN AGREEMENT IN THAT BEHALF BETWEEN THE MINISTER AND THE SECRETARY OF STATE FOR EDUCATION OF THE UNITED STATES OF AMERICA AND TO PROVIDE FOR RELATED MATTERS.".
Question put and agreed to.
Acting Chairman
Agreement to the Seanad amendments is reported to the House and a message will be sent to Seanad Éireann acquainting it accordingly.
Amendments reported and agreed to.