Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I will flag at this stage that based on our very extensive discussions on the Irish language with Deputies Ó Snodaigh, Conway-Walsh, Ó Cathasaigh and Ó Ríordáin at the previous meeting, I am considering bringing forward an amendment on Report Stage in relation to engagement with students who are Irish language speakers. I will also be considering a very similar amendment in section 44 with regard to students who are Irish language speakers. I thank Deputy Conway-Walsh for her amendment and, indeed, her engagement with the UCD students' union on this.

I did look at this and I will read my note to be clear on my advice. Amendment No. 113 proposes to provide that a formalised engagement process between students of designated institutions of higher education and those institutions shall - with an emphasis on that word - include training for students participating as members of the governing bodies of those institutions and a mechanism for students to request such training. The amendment is seeking to replace the word "may" with the word "shall". My own view from consulting is that it is not appropriate as some students may have sourced alternative training and may not require that training. I am not being pedantic because I know what the Deputy is endeavouring to do here. On the idea that the training must or shall happen, we believe the word "may" is an enabling provision to provide for good engagement processes. It is also noted that the institution is required to report annually to the HEA on training and engagement processes. If training has been requested and not provided, we will see this annually in the report to the HEA, which I think is important for transparency as well.

As the Deputy said, amendments Nos. 114 and 115 request two additional provisions to be included in the annual report to the HEA. I went to check this because it is important. I agree with what the Deputy is endeavouring to do here. My advice is that there is no need for those amendments, however, because they are already included as part of the reporting process to the HEA under subsection (3)(a)(b)(c). There is a nervousness that changing the word "may" to "shall" has an unintended consequence. We believe the reporting mechanism is captured in subsection (3)(a)(b)(c).