Dáil debates

Wednesday, 19 May 2021

Education (Leaving Certificate 2021) (Accredited Grades) Bill 2021 [Seanad]: Committee and Remaining Stages

 

8:42 pm

Photo of Norma FoleyNorma Foley (Kerry, Fianna Fail) | Oireachtas source

The procedure under which a review will be conducted will seek the views of the candidate, the student, in respect of any report made of canvassing. Section 7(2)(a) expressly provides that the student or candidate will have the opportunity to submit representations. If the student was unaware of any canvassing, the candidate has the opportunity to make that case in his or her representations, and if he or she makes that point, the review must take this into account when reaching any decision. The candidate enjoys the protection that, fundamentally, any decision following the review must be reasonably based on the information available to the review. As the intent of the amendment is already provided for, including by virtue of legal principles, the amendment does not improve the Bill.

With regard to the drafting of the amendment itself, it could have unintended consequences and does not develop or elaborate on the policies or principles to be applied in determining how a candidate would show that he or she had no knowledge of a communication or in how the person making any communication would himself or herself be afforded fair procedures. The ultimate objective is to offer an opportunity to ensure that canvassing does not take place and to provide protection in relation to that. It also provides protection to the student as students can make representations declaring that they were not aware of the canvassing. That will be taken into consideration during the review. I do not accept the amendment as proposed.

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