Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I could adopt a certain approach and say we do not share legal advice. I am trying to be transparent with the House. I have also sought legal advice on the 11 separate amendments relating to institutions of higher education having systems, procedures and processes in place to implement and report compliance with policies. Three of the proposed amendments refer to statutory provisions, along with the codes and guidelines. Apart from the fact that the intention is that the documents are non-statutory ones, and I accept the Senator outlined her view on that a moment ago, it is often the case that statutory provisions contain their own provisions, requirements and processes regarding compliance with them, and reporting on the compliance. It is clear the Senator and I do not agree although I accept her good-faith concerns. I am satisfied based on the advice of the Office of the Attorney General and the Office of the Parliamentary Counsel, the work of my Department and our engagement with the sector that this is a reporting provision and that the comply and explain provision within the Bill is the overarching infrastructure of this legislation. There is no statutory offence with non-compliance. This whole Bill is built around comply or explain. That is an important point to make. This is a reporting provision. I do not think it is unfair or unreasonable that institutions which have received large swathes of public funds - and will be receiving more, I am pleased to say - are asked to report on how they are getting on with implementing policy. That policy is underpinned in various places by statute, law and the Oireachtas. There is clear legal advice that this is not a substantive provision conferring any new power on the Government or the Minister.