Brian Lenihan Jnr (Dublin West, Fianna Fail)

While I appreciate the spirit in which Deputy O'Sullivan tabled this amendment, one must think through the implications of it. The legislation is modelled on the traditional system, with which we are all familiar in the county councils, where distinction is drawn between executive and reserve functions. As Deputy O'Sullivan indicated, the reserve functions are matters for the governing body.

There is a multiplicity of institutes and, for the sake of consistency, we must have a clear definition of what are reserve and executive functions. As Members who have experience of vocational educational committees and county councils are well aware, these matters often end up being tested in the courts and clear guidelines will have to be prepared and protocols drawn up about the respective functions of governing bodies and directors. Clearly a template will have to be devised following the enactment of this legislation to guide governing bodies and directors on their respective competences and roles.

If we were not to hold the line and insist on a consistent national standard in this regard, we would face a great deal of local anomaly and difficulty and it would not assist in the effective operation of these institutes. For the sake of consistency, we must have a person who is designated to decide what are reserve functions in the case of a dispute. The person vested with this power under the legislation is the Minister. That is the responsibility the Minister will have to take. On that basis, the Minister does not propose to accept Deputy O'Sullivan's amendments.

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