Written answers

Wednesday, 18 May 2005

Department of Education and Science

University Governance Provisions

9:00 pm

Photo of Enda KennyEnda Kenny (Mayo, Fine Gael)
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Question 279: To ask the Minister for Education and Science if her Department was requested to arrange a visitation to a third level institution (details supplied) in County Cork; if, under the terms of the charter of that institution, a visitor has been appointed; if she will report on procedures for appointing such a person; and if she will make a statement on the matter. [16630/05]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The Universities Act 1997 provides a framework of legislation that is compatible with the role, function and operation of universities in modern society. The Act, which was the first Act of general application to all the university institutions since the foundation of the State, was a culmination of an extensive process of consultation and debate both within and outside the Houses of the Oireachtas. Among the significant features of the Act was the provision of revised governance structures for the universities which ensure that all the major stakeholders are represented on the university governing authority, the principal decision-making body of the institutions.

The Universities Act 1997, in addition to providing for strengthened governance arrangements at an institutional level, also provides a wider public interest protection in a case where the Minister for Education and Science is of the opinion that there are reasonable grounds for contending that the functions of a university are being performed in a manner which prima facie constitutes a breach of the laws, statutes, or ordinances applicable to the university. This general protection is set out in sections 19, 20 and 21 of the Act, which provide for the appointment of a visitor to a university by the Government from time to time and for the visitor to conduct an inquiry at the request of the Minister, with the concurrence of the Government, in such circumstances.

The visitor has powers to inquire into the academic affairs of the university or to conduct any inspection relevant to his or her inquiry. On foot of the recommendations of the visitor, the Minister may recommend to the Government the suspension of the governing authority and the termination of the membership of its members.

In the case to which the Deputy refers, my predecessor received representations from certain members of the governing body of a university requesting the appointment of a visitor. In June 2004, in order to assist the Minister in considering requests for the appointment of a visitor, a report was sought from the Higher Education Authority.

A report was received from the HEA which took account of comprehensive background documentation made available by the governing body of the university. The view of the HEA was that there were no reasonable grounds for concluding that the functions of the university were being performed in a manner which, prima facie, was in breach of the laws, statutes and ordinances applicable to the university and that there was therefore no reasonable basis for the appointment of a visitor. Having considered the report and background documentation, the then Minister agreed with this assessment and the HEA was advised accordingly on 23 July 2004. Those making representations were also so advised.

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