Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I move amendment No. 23:

In page 18, between lines 32 and 33, to insert the following: “(4) The Minister may publish guidelines issued by him or her under subsection (1)in such manner as he or she considers appropriate.”.

On Committee Stage, I stated that I would table an amendment on Report Stage on the publication of guidelines under section 12. Some Deputies, particularly Deputy Ó Ríordáin, made a compelling case. He tabled his own amendment to try to advance the issue this evening. I looked at it in light of his comments and therefore I have introduced my own amendment to section 12. The amendment provides that, "The Minister may publish guidelines issued by him or her under subsection (1)in such manner as he or she considers appropriate". The provision is that the Minister may publish guidelines rather than shall publish guidelines.I often have these debates about "may" and "shall". As our President says, words matter, and they do. I am aware of the difference between "may" and "shall". We sought legal advice on this.

We believe that making this amendment will enable the publication of guidelines issued by the Minister to the HEA as appropriate while providing that not all guidelines need to be published. My Department issues a large number of emails and letters to the HEA. They could be considered to be guidelines and some may not be appropriate to publish. We can all think of scenarios where something is not appropriate to publish. The policy intent is to publish all important guidelines. The addition to the legislation is to reflect that. Therefore, I understandably favour my amendment over the Deputy's amendment. I hope we have moved some way on this.

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