Institute for Advanced Studies Bill, 1939—From the Seanad. - In Committee.
Certain amendments to this Bill were inserted by the Seanad. A number of them meet the points raised by Senators. There is only one, amendment No. 7, which does not come immediately into the general category. I move that the Committee agree with the Seanad in amendment No. 1:—
Section 4. In sub-section (1), line 1, page 3, before the word "may" the word "conveniently" inserted; and in line 2, before the word "under" the words "either simultaneously or successively," inserted.
The alteration suggested there gives the Government greater latitude than they would otherwise have in the establishment of schools.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:—
Section 4. In sub-section (1), paragraph (a), line 3, page 3, the words "An Scoil" deleted and the words "Scoil an" substituted therefor.
Amendments Nos. 2 and 3 meet the same point, a change in the Irish title. There has been an outstanding difference of opinion as to how this should be expressed. Although it is not suggested that this would settle the matter in any way, we thought, because of the opinions of some of the professors who might be appointed——
We have no desire to intervene in that discussion.
I take it, therefore, there is no objection?
It will be something for the school to do.
Question put and agreed to.
The Committee agreed with the Seanad in the following amendments:
3. Section 4. In sub-section (1), paragraph (b), line 6, page 3, the words "An Scoil" deleted and the words "Scoil na" substituted therefor.
4. Section 5. In sub-section (1), paragraph (1), all words after the word "studies" in line 60 to the end of the paragraph deleted and the words "as may from time to time be decided on by the governing board of the school" substituted therefor.
5. Section 5. In sub-section (2), paragraph (g), page 4, all words from the word "assigned" in line 25 to the end of the paragraph deleted and the words "decided on by the governing board of the school" substituted therefor.
6. Section 6. In sub-section (3), the words "and with the council" in line 39 deleted.
Amendment No. 7 is slightly different from the others. I move:—
That, in lieu of amendment No. 7, the following amendment be made, viz.:—
In Section 8, page 5, to add at the end of the section a new sub-section as follows:—
"(3) Notwithstanding anything contained in this section, the salary, tenure of office, and conditions of service at and on which a senior professor is appointed shall not be altered without his consent during his term of office and no senior professor shall be removed from his office in contravention of the terms on which he was appointed thereto.
This arose on the point made by Senator Douglas that, with the words "from time to time" occuring in a later sub-section, it would be possible, no matter what contract was made with the senior professor on his entering upon office, that that contract would not be held to stand as against the Act, which sets out that from time to time the Government might do certain things. The new sub-section proposed will render it possible to make a contract in the case of the senior professors. The advisability of having that freedom was suggested as it might be difficult to get the professor that you might require if it were pointed out to him by a legal adviser that, notwithstanding the terms of his contract, the Act would supersede them and the contract might be violated in any way the Government chose.
No matter what terms are put in, so long as the Dáil holds the purse you cannot compel the Dáil to pay the money. To that extent this is of little use.
We believe that this will meet the points that were raised.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 8:—
Section 8. Before sub-section (2), in page 5, the following new sub-sections inserted:—
(2) The governing board of a constituent school may at any time submit to the Minister a proposal for the appointment of a named person to be a senior professor of that school or for the removal from office of a particular senior professor of the school.
(3) Every proposal submitted under the next preceding sub-section of this section to the Minister shall be brought before the Government by the Minister and shall be considered by the Government.
This will give the governing board the power of taking the initiative in certain cases.
Question put and agreed to.
I move that the Committee agree with the Seanad in amendment No. 9:—
Section 8. In sub-section (2), line 34, page 5, the word "and" deleted and the words "tenure of office and other" substituted therefore.
The word "tenure" is being inserted so as to make it clear from the terms of the Act that the question of tenure might be one of the contract.
Question put and agreed to.
The Committee agreed with the Seanad in the following amendments:
10. Section 11. In page 6, Section 11, sub-section (1), line 20, the words "a casual vacancy" deleted and the words "casual vacancies" substituted therefor.
11. Section 11. In sub-section (2), line 25, page 6, the words "a casual vacancy" deleted and the words "casual vacancies" substituted therefor.
12. Section 15. In sub-section (2), line 33, page 7, the word "registrarbursar" deleted and the word "register" substituted therefor.
13. Section 16. In sub-section (4), line 5, page 8, the word "consent" deleted and the word "approval" substituted therfor.
14. Section 17. The word "registrar-bursar" deleted in lines 15-16, 17, 20, 25 and 29, page 8, and the word "registrar" substituted in each case in lieu thereof.
I move that the Committee agree with the Seanad in amendment No. 15:—
Section 17. After sub-section (5), in page 8, a new sub-section added as follows:—
(6) No person shall be appointed to be registrar under this section unless he satisfies the council that he possesses such an oral and written knowledge of the Irish language as will enable him to use that language in the performance of his official duties.
This and the next amendment simply indicate another from of words to express the same idea, namely, that persons appointed should have what is commonly called a competent knowledge of Irish.
Is it seriously suggested that the charwomen must have a competent knowledge of Irish?
That they should have such a knowledge of Irish as would enable them to do any business they may have to do through Irish.
What degree of fluency in Irish is necessary in order to char through the medium of Irish?
It would all depend on what those directly over her would have to say to her.
Question put and agreed to.
The Committee agreed with the Seanad in the following amendments:
16. Section 18. After sub-section (2), in page 8, a new sub-section inserted as follows:—
"(3) No person shall be appointed to be an officer or servant under this section unless he satisfies the council that he possesses such an oral and written knowledge of the Irish language as will enable him to use that language in the performance of his official duties."
17. Section 20. In sub-section (4), line 37, page 9, before the word "be" the words "from time to time" inserted.
Agreement reported on amendments No. 1 to 6 and Nos. 8 to 17. New amendment No. 7 on the Order Paper to be substituted for amendment No. 7 inserted by the Seanad.
Report agreed to.
The Seanad to be notified accordingly.
