Ruairi Quinn (Dublin South East, Labour)
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Question 449: To ask the Minister for Education and Science if her attention has been drawn to the fact that institutes of technology have been effectively prevented from promoting the formation of campus companies, capable of sharing their economic potential with external partners who have available investment capital, due to an interpretation of the Regional Technical Colleges Act 1992, section 5(2A) and the Vocational Educational (Amendment) Act 2001, section 37; if her attention has further been drawn to this restrictive interpretation; if, in the interests of promoting greater scientific research and its effective commercialisation with productive partners at campus level on the institutes of technology, similar to universities, she will issue clear enabling guidelines to all institutes of technology regarding their ability to retain minority shareholdings in such campus companies in which outside investors constitute the majority shareholding; and if she will make a statement on the matter. [29935/04]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The functions of institutes of technology are set out in section 5 of the Regional Technical Colleges Act 1992. The functions provide for institutes to enter into arrangements, including participation in limited liability companies, in certain circumstances and under such conditions as the Minister may determine.

The Deputy's question alludes to section 37 of the Vocational Educational (Amendment) Act 2001. This section provides for an amendment to section 5 of the Regional Technical Colleges Act 1992 in relation to the setting up of companies. However, section 37 of the Vocational Educational (Amendment) Act 2001 has not been commenced, and section 5(1)(e) of the Regional Technical Colleges Act 1992 still applies. My Department will consider any application from institutes of technology for establishment of campus companies in accordance with the primary legislation.