Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank both Deputies. Amendment No. 142 provides for an appeal of a decision by the CEO to provide assistance to a designated institution of higher education and provides that when an appeal is made, the appeal has the effect of placing a stay on the provision of such assistance until such time as the appeal has been determined. I have proposed to remove section 66 from the Bill to remove that mandatory provision of assistance. A later section of the Bill provides the ability to seek assistance, but we will remove the mandatory provision of assistance through the removal of section 66. Therefore, amendment No. 142 is no longer necessary.

Amendment No. 146 provides for the right of appeal against a decision of the HEA CEO to appoint a reviewer. This amendment also provides that if an appeal is made against the appointment of a reviewer, it has the effect of placing a stay on the appointment or shall require a cessation of the work of the reviewer pending the determination or discontinuance of the appeal. The appointment of a reviewer is considered to be part of the process of assessing whether there is an issue which needs to be addressed. The reviewer will undertake a review of the institution to establish the facts. The institution will then receive a copy of the draft report and may make representations on the draft report to the reviewer, which the reviewer shall consider prior to finalising the report. I am not in a position to accept the amendment, but I have indicated and now indicate again that I can consider an amendment on Report Stage to provide for an appeal process for the appointment of the reviewer.