Sean Barrett (Independent) | Oireachtas source

I move amendment No. 1:

In page 3, line 6, after “1997;” to insert “to amend The Royal College of Surgeons in Ireland (Charters Amendment) Act 2003;”.

I welcome the Minister and wish to be associated with the sympathy expressed by the Leas-Chathaoirleach on the death of the former Minister for Agriculture and Food, Mr. Joe Walsh.
After Committee Stage I had expected more amendments in the Minister's name, but other than amendment No. 20, the Bill is back before the House in virtually the same form and this is the Seanad's last chance to discuss it.
This is a strange Bill which it is widely believed has been drafted to assist the Royal College of Surgeons in Ireland, although the name of that institution is not and was not mentioned on the last occasion. The danger in not mentioning in the Bill the Royal College of Surgeons in Ireland is that it makes possible for the Bill to be used by a different body without the former's standards and reputation. Such a body could find loopholes - that is what lawyers do - to achieve accreditation and a future Minister might try to correct the situation. I have in mind the procedures on which the Department is working in the case of the technological universities Bill which will ensure an institution will have to go through steps thoroughly and methodically in order to become a university. In the worst case scenario under this Bill an institution could receive a licence to operate and give the Irish higher education sector a bad name by not going through the thorough procedures in place and embodied in the technological universities Bill with the Higher Education Authority, HEA. A Minister would then have to withdraw the licence and we would then enter the area of compensation and the payment of money that is badly needed in the primary education sector and elsewhere in the system.

So that is the context. By not being specific to institutions and by not having a licensing system, we create danger. That is why amendments Nos. 1, 18 and 25, which the Leas-Chathaoirleach has asked us to take together, refer to explicitly saying that this applies to the Royal College of Surgeons. The issues that then arise would be, as Senator Power previously noted, the issue of why it should not be called a medical university because that is what it does. The issue then arises as to why we have an institution that is a university when it is outside Ireland but not inside Ireland. They are substantive issues and we would be delighted to debate those with the Minister.

The other issue arising is the question of whether it would be better to educate the medical profession in a wider university context or on its own. I am sure we will have views on that one way or the other. If, as people are convinced, the purpose of the legislation is to facilitate the Royal College of Surgeons in its development plan, let us discuss that. I think it would probably have wide support. However, by not mentioning it, do we create a loophole and possibility of claims arising against the State in the future and probably unworthy people by Irish university standards ruining, I do not like the word "brand name", the reputation and good name of Ireland? That is why it is in amendment Nos. 1 and 18.

In amendment No. 18, we seek to make explicit that we are talking about the Royal College of Surgeons. Amendment No. 25 is the third amendment on this list. It aims to draw attention to the fact that the best and I would say the only candidate at the moment that meets this criterion is the Royal College of Surgeons. We will go through the other criteria in the other amendments. If in any case, they fall short of the standard of the international reputation of the Royal College of Surgeons, are we creating problems for future Seanaid and future Ministers by not being explicitly tight in our definitions and the procedures? It takes a long time to build up a university reputation and that is what we must defend here for the sake of students - the status of Irish degrees. If I may summarise, the first three amendments aim to make explicit that the intention in this legislation is to facilitate the Royal College of Surgeons. Why not say so?