Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

Section 3 provides for the amending of existing definitions and the introduction of newly defined terms within the Act of 2012. Amendment No. 1 is a technical refinement to the definition of relevant provider. It will ensure that the definition is comprehensive and captures those listed awarding bodies providing either one or more programmes leading to their own awards, that are awards included within the framework.

Amendment No. 2 is a technical change to the definition of "validation". Validation is the process by which the authority determines if a Quality and Qualifications Ireland, QQI, award can be offered in respect of a provider's programme of education and training. This amendment ensures the definition of validation is comprehensive and that it clarifies the essential linkages between the validation of programmes, the establishment of quality assurance procedures and the capacity of a provider to deliver the programme.

Amendment No. 3 revises the definition of a "linked provider" for the purposes of this legislation. The intent is to regulate the provision of linked providers that is offered to the State. On review of the published Bill, the initial definition would go well beyond that intention and would require any provider that wishes to enter an agreement with the designated awarding body to establish its principal place of business in the State. There is also a concern that such a requirement may be considered discriminatory under EU law in relation to the establishment of businesses. This amendment redresses those issues while ensuring that regulation of provision in the State remains comprehensive.