W1B-029 IFUT letters-0.txt
5th March, 1991

Mrs Mary O'Rourke, T.D., Minister for Education Department of Education Marlborough Street Dublin1.

Dear Minister,

The Future Structure of the National University of Ireland Introduction

When the representatives of the University were received by you on 23 January 1990, you confirmed that consideration of future structures could proceed on the basis that, whatever choice was made, there would be no diminution of autonomy in relation to appointments and the general conduct of university business. You suggested that the University's preferred option should be brought forward as soon as possible.

It is now possible to summarise the outcome of the consideration given to the matter by the three Constituent Colleges, St Patrick's College, Maynooth (a Recognised College) and the Senate of the University. The reports of the four Colleges are given in full in the Appendix to this letter.

General approach

Despite differences as to the extent and degree of change desired, it is the common preference of the four Colleges to remain constituent elements of a NUI system but each with the status and title of a university and a significant redistribution in its favour of powers and functions. This would mean that, while the corpus of existing legislation, charters and statutes would be preserved, amendments would need to be effected by new legislation with the principal object of transferring certain powers and functions at present exercised by the Senate of NUI to the appropriate bodies of the constituent universities, with the Senate retaining residual responsibilities regarding appointments procedures and standards of degrees and diplomas. The following paragraphs set out the consensus arrived at by the Senate on particular aspects of this general approach.

Status and Title

(i) The present three Constituent Colleges, while retaining all their existing powers and functions, should become constituent universities of the National University of Ireland and be entitled in Irish and English, respectively: <&Irish> Ollscoil na h&/Eireann, Baile &/Atha Claith

The National University of Ireland, Dublin <&Irish> Ollscoil na h&/Eireann, Corcaigh

The National University of Ireland, Cork <&Irish> Ollscoil na h&/Eireann, Gaillimh

The National University of Ireland, Galway
(ii) St Patrick's College, Maynooth, in its faculties or arts, celtic studies, philosophy and science, should become a constituent university of the National University of Ireland and be entitled in Irish and English, respectively: <&Irish> Ollscoil na h&/Eireann, M&/a Nuad

The National University of Ireland, Maynooth
Appropriate provision should be made for representation of the Senate of NUI on the Governing Body and vice-versa.

(iii) The constituent universities may extend the above titles in a manner which indicates that they are successors to a specified Constituent or Recognised College or that they are constituent universities of the National University of Ireland.

Transfer of Power and Functions

(i) Provision should be made specifically in legislation for the amendment of the Irish Universities Act, 1908, and associated Charters so as to effect the transfer of powers and functions from the Senate of the NUI to the appropriate bodies of the respective constituent universities which is described below under the headings of Appointments, and Courses and Standards for Degrees and Diplomas.

(ii) Provision should also be made for flexibility in authorising future agreed evolution of the relations between the NUI and its constituent universities. This could be achieved by providing that further changes in powers and functions proposed by the NUI on the recommendation or with the agreement of the constituent university(ies) could be statutorily authorised, subject to ratification (passive or active) by both Houses of the Oireachtas.

Internal Procedures

To afford them operational flexibility, constituent universities should be empowered (notwithstanding any restriction in existing legislation) to make by way of university statute, after consultation with the Senate of NUI, such changes as might be decided by the relevant Governing Body in the internal organisation or procedures of that university. Such statute should have effect when it had lain before both Houses of the Oireachtas for a prescribed period without being annulled.

Appointments

(i) Persons who at present hold posts in the Colleges which are to become constituent universities, whether appointed thereto by the relevant College authority or by the Senate of the NUI, should be confirmed as holders of equivalent posts, without disimprovement in terms, conditions or entitlements, in the relevant constituent universities.

(ii) Persons who hold permanent academic posts to which they were appointed by the Governing Body of a Constituent College, should become lecturers of the relevant constituent university and, without prejudice to grades or salary scales, enjoy the advantages possessed by lecturers appointed by the Senate of the NUI, as regards tenure, membership of the Academic Council and the holding of any other office or responsibility in the constituent university.

(iii) Each constituent university should have the power to appoint its own staff but, in relation to permanent academic staff, including the President, and academic staff appointed for a fixed term of years, appointments should be made only in accordance with such appointments procedure as might be approved from time to time by the Senate of the NUI either generally or in particular categories or cases. These appointments should be provisional for the first month and then become effective unless within the month an objection, on the basis of alleged non-conformity with the approved procedure, were made by an interested party to the relevant Governing Body, and reported to the Registrar of NUI. Pending resolution of the objection (within, say, two months at the outside), the appointment should remain provisional. (The basic element in the appointments procedure to be approved by the Senate of the NUI would be an appropriately constituted assessment board including an external expert or external experts).

(iv) Persons who, in accordance with paragraphs (i)- (iii) above, hold appointments as Professors, Readers or Lecturers in constituent universities shall also, so long as they hold these appointments, be Professors, Readers or Lecturers, respectively, of the National University of Ireland.

(v) The functions of the Senate of NUI regarding removal from office of persons to whom paragraphs (i)- (iii) refer should pass to the relevant constituent universities, subject to the right of appeal to the Visitor.

Courses and Standards for Degrees and Diplomas

The constituent universities should establish their own degree and diploma courses, set their own marks and standards and, in consultation with the relevant external examiners, set their own examinations. The courses so established would be subject, from time to time, to review by an academic committee of the Senate of NUI, after consultation with the relevant external examiners. Any comments resulting from such periodic review would be communicated to the constituent universities for their consideration. The present General Board of Studies should be abolished.

External Examiners

External examiners should continue to be appointed by the Senate of NUI on the agreed recommendation of the constituent universities, with appropriate functions, including the additional function indicated in the preceding paragraph, but with flexibility as to the manner of discharging these functions.

Degrees and Diplomas

The degrees and diplomas awarded by the constituent universities should be degrees and diplomas of the National University of Ireland and should be so designated.

Entrance requirements for students

The Senate should continue to approve basic matriculation conditions for the NUI system as a whole. The constituent universities would be free to prescribe additional requirements for entry to particular faculties.

Recognised Colleges

Provision should continue to exist for third-level educational establishments to be associated with a constituent university and to be designated as Recognised Colleges of the NUI.

Theology (or Religious Studies)

Abolition is recommended of those provisions of Section 7 of the 1908 Act which prohibit the public funding of 'any theological or religious teaching or study' and, even where private funding is involved, lay down other restrictions.

> Finance

Funding of the NUI itself (as distinct from the constituent universities) should be mainly by the charging of appropriate fees (e.g. in relation to matriculation, degrees and diplomas). Supplemental public funding should be provided for.

Effect of Proposals

These proposals would confer the status and title of universities on U.C.D., U.C.C., U.C.G., and St. Patrick's College, Maynooth, and transfer to them wide-ranging discretion to conduct their own affairs. The National University of Ireland, which has played a historically significant role in national education and development, would continue to provide an important public service. In its co-ordinating role the NUI, acting through its head-office and its Senate, would be concerned with the maintenance of appropriate university entrance standards and the highest international standing for degrees and diplomas. It would also provide assurance of impartiality and excellence in academic appointments and would be a forum for consideration of developmental policies in education in Ireland and in the evolving European Community.

> Conclusion

It is hoped that the proposals will commend themselves to you and the Government and that a decision will be taken to introduce legislation accordingly to amend the 1908 Act and associated Charters. Officers of the University are considering the particular amendments required and will be glad to assist in the formulation of appropriate heads of a bill.

It would be appreciated if representatives of the University could have a preliminary meeting with you soon for any clarification you may desire and for a general discussion of the proposals.

Yours sincerely, Kenneth Whitaker Chancellor
