Norma Foley (Kerry, Fianna Fail) | Oireachtas source

Sections 4 and 5 will operate in accordance with the procedures as may be prescribed. In that regard, regulations are currently being drafted that give effect to the provisions concerned. I indicated during the Second Stage debate and I, again, confirm here today, as did Senator Dolan, that there will be a robust review process in place that will not lead to decisions being made without considering individual circumstances.

While the consideration of the provision is always subject to the constitutional protection of fair procedures and natural justice, and that regulations are in development, section 7(2) expressly requires that the regulations provide for what the amendment seeks. Section 7(2)(a) specifies that the candidate will be notified should a report in regard to a communication under section 4 be made, what has been referred to as canvassing, or under section 5 if false and misleading may be given. 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 withholding. That is subject to appeal so there is a second opportunity for the candidate's views to be taken into account. Therefore, I cannot agree to the amendment, as presented.