Norma Foley (Kerry, Fianna Fail) | Oireachtas source

Sections 4 and 5 will operate in accordance with such procedures as may be prescribed. In that regard, regulations are being drafted that give effect to the provisions concerned. I have already indicated to each House, including today, that there will be a robust review process that will not lead to decisions being made without considering individual circumstances.

While the operation of the provision is always subject to the constitutional protection of fair procedures and natural justice, and while regulations are in development, section 7(2) expressly requires that the regulations provide for what the amendment would provide for. Section 7(2)(a) specifies that the candidate will be notified should a report in regard to a communication under section 4 be made, or what has been referred to as canvassing, or if false and misleading information is given, as provided for under section 5. The candidate then has the opportunity to "make representations to the Commission". In this way, the candidate is afforded the opportunity to be heard as the amendment intends. In addition, before any decision to withhold accredited grades is made, a review is carried out, and any decision arising to withhold results must be accompanied with reasons for the withholding and is subject to appeal. Therefore, there is a second opportunity for the candidate's views to be taken into account. I want to make it abundantly clear that there is every opportunity for the student to be heard. There is a robust review mechanism and a further appeal. There is no question but that the student will be heard at every opportunity.

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