Written answers

Tuesday, 13 May 2025

Department of Education and Skills

Legislative Measures

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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1261. To ask the Minister for Education and Skills for an overview of the primary and secondary legislation regulating the rights and entitlements of third level students in respect of the institutions they attend, in particular any recourse against exclusion from an institution; and if he will make a statement on the matter. [23994/25]

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail)
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The Universities Act 1997, Technological Universities Act 2018, and the Institutes of Technology Act 2006 are among the principal legislative instruments governing higher education institutions (HEIs) in Ireland. These Acts grant HEIs autonomy over their academic and administrative functions, including admissions policies.

Most applications to higher education are processed through the Central Applications Office (CAO). The CAO facilitates a centralised, fair, and efficient application process; however, participating institutions retain full authority over admission decisions. It is important to note that the CAO is a private, not-for-profit entity jointly owned by publicly funded HEIs, and there is no specific legislation governing the CAO itself.

It should also be noted that this is not intended to be an exhaustive list of legislation affecting admissions. Other noteworthy legal instruments include the Equal Status Acts 2000–2018, which prohibit discrimination in education on various grounds, and the Disability Act 2005, which mandates reasonable accommodations and accessibility for individuals with disabilities. HEIs also have responsibilities around equity of access in their own Acts, as listed at the outset.

The deputy may also be aware that regarding the HEA Act, the HEA’s legislative function is to “support equality, diversity and inclusion in higher education, including the participation and success of students in priority groups, or persons in such groups seeking to be students, in higher education.”

Additionally the ambitions of the National Access Plan 2022-2028 are that the higher education student body, entering, participating in and completing higher education, at all levels and across all programmes reflects the diversity and social mix of Ireland’s population and that our higher education institutions are inclusive, universally designed environments which support and foster student success and outcomes, equity and diversity and are responsive to the needs of students and wider communities.

I know and expect all publicly funded institutions prioritise inclusiveness and access on their campuses and also have appropriate systems and measures in place should any need for recourse arise.

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