Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputy. As the Chairman indicated, amendment No. 134 tabled by Deputy Ó Ríordáin and amendment No. 135 that I have brought forward are alternatives in the sense that they are both trying to achieve the same thing. I would argue that my amendment achieves what Deputy Ó Ríordáin is seeking to achieve, which is a legitimate point that I heard from the sector, that is, what is "concern". I am proposing in my amendment to delete the phrase "concerned about", which could be construed to be vague and subjective, and substitute it with, "of opinion that there are significant concerns regarding". The policy intent of this section is that the CEO of the HEA would only request a review and report from a designated institution where there are significant concerns regarding the institution. It is not intended that this provision is used to address minor or trivial issues that can be addressed through normal working arrangements. An amendment is proposed to provide that the word "significant" is now inserted in the section. This amendment will provide that the CEO may request a designated institution to undertake a review if there is a significant concern about the institution's governance, performance or compliance. I do not think anybody is suggesting it, but we need to be careful we do not inadvertently prevent the CEO requesting a report if there are significant concerns. I do take the point in respect of the vagueness of the original language and I contend that amendment No. 135 in my name achieves that balance.