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Operation of section 14 of Act of 2011 (prescribing of certain matters)
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21. The Act of 2011 is amended by the insertion of the following section after section 14:
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“14A. (1) Where the Minister is satisfied to do so, having—
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(a) regard to any of the matters specified in subsection (2),
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(b) consulted with the Higher Education Authority, and
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(c) obtained the consent of the Minister for Public Expenditure and Reform,
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he or she may prescribe a class of person, being a national of a country (not being the State or any other state referred to in section 14(1)(a)) specified in the regulations concerned prescribing that class, for the purposes of section 14(1)(aa).
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(2) The following matters or any of them are the matters to which the Minister shall have regard for the purposes of prescribing a class of person pursuant to subsection (1):
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(a) whether there are reciprocal arrangements in place with the country specified, as mentioned in subsection (1), in the regulations concerned (the ‘specified country’);
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(b) the requirement for the development of skills and knowledge in sectors of the economy or employment identified as requiring such development of skills and knowledge following advice received by the Minister from such person who has an interest or expertise in educational matters or the development of skills and knowledge as the Minister considers appropriate to consult for that advice;
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(c) the nature and level of the qualification to be awarded to a person, falling within the class proposed to be prescribed, on the successful completion by him or her of the course concerned;
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(d) resources available for the provision of student support;
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(e) any other matters which in the opinion of the Minister are proper matters to be taken into account having regard to the objective of enabling persons to attend courses of higher education, and the contribution that nationals of the specified country can make to higher education in the State.
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(3) Notwithstanding subsection (1), where the Minister is satisfied to do so because he or she considers that it is necessary having regard to any of the relevant purposes mentioned in subsection (4), he or she may prescribe a class of person, being a national of the United Kingdom, or an Irish citizen, for the purposes of section 14(1)(aa).
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(4) The following are the relevant purposes to which the Minister shall have regard when prescribing a class of person pursuant to subsection (3):
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(a) promoting greater tolerance and understanding between the people of the State and Northern Ireland;
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(b) promoting the exchange of ideas between the people of the State and Northern Ireland;
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(c) promoting a greater understanding of, and respect for, the diversity of cultures on the island of Ireland;
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(d) promoting greater integration and cooperation between the people of the State and Northern Ireland.”.
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