Seanad debates

Tuesday, 11 May 2021

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

 

9:00 am

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

I confirm that the procedure under which a review is conducted will seek the views of the candidate in respect of any report made of canvassing. Section 7(2)(a) expressly provides that the 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 the representations. If the candidate does make the case, the review must take this into account in reaching a decision. The candidate enjoys the protection that any decision following the review must be reasonable 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.

In regard to the drafting of the amendment, 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 he or she had no knowledge of a communication or how a person making a communication would be afforded fair procedures. Therefore, I will not agree to the amendment.

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