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Dáil Éireann debate -
Wednesday, 16 Oct 1940

Vol. 81 No. 2

Committee on Finance. - University Colleges Bill, 1940—Second and Subsequent Stages.

I move: That this Bill be now read a Second Time. It has been prepared in consequence of representations made to the Government regarding the difficult position that would occur in the colleges of the National University if a grave emergency should develop which would interfere with the elections of new governing bodies in these colleges. The period of office of these bodies is limited by Charter to three years, and this triennial period terminates on January 31st next. Arrangements for the election of new governing bodies should be made, in the normal course, at an early date.

The procedure for these elections, which is laid down in the statutes of the different colleges, includes the giving of notice to the graduate electors and the holding of elections within certain prescribed dates by the various appointing bodies—the graduates of the college, the local authorities, the college staff, etc. Furthermore, there is the question of postal voting to be considered. It has been represented that many graduates who live abroad might find it very difficult, if not impossible, to take part in the election owing to the present abnormal postal delays. There is the further point that it is considered undesirable to have contested elections in the University Colleges during the emergency. The Bill simply gives power to enable the period of office of the present governing bodies to be extended until the present emergency has passed. It is provided that the extension of the period of office of the governing body of a college will be made only at the request of that body, and the time for which the period of office may be extended by an Order of the Government is limited to one year. Provision is included, however, for the making of a further Order before the termination of that extended period if the emergency should not have ended before then.

It seems to me that the Minister's explanation falls considerably short of what should be required by this House to justify a measure of this kind. Apart from the difficulty which the Minister has mentioned about postal voting, I fail to see what particular harm could be done to the country by contested elections for the governing bodies of the University Colleges, and I think that the principle underlying this Bill of continuing for a further period the present governing bodies is undesirable and should not be resorted to without considerably stronger reasons than the Minister has given. If it is proposed to take all stages of the measure to-night, I must indicate my dissent from that proposal and my opposition to it.

Representations have been made by the President of University College, Dublin, on behalf of the governing body of that college, and communications have also been received from the University Colleges of Galway and Cork in regard to the difficulty of holding elections. It has been represented that it circumstances arose which would prevent the due carrying out of the usual statutory arrangements—they are all laid down in statutes governing the University— in the case of the colleges, the new governing bodies might not be legally constituted, and a difficult situation would arise. Furthermore, notice has to be given to the graduate electors within a curtain period. It is not possible to deal with the matter otherwise than by legislation. Not less than three months before the end of the period of office of the governing bodies, notice of the fact must be given in writing to the appointing bodies and to each registered graduate of the college.

Could the Minister tell us what serious difficulty the normal election of the Governors of the University Colleges would involve in the present emergency?

I have explained that a communication has to go to each graduate of the University. Some of these graduates may reside at present in countries which are very far away, and there is no way of ascertaining whether the communications would reach them or, in any case, whether they could forward their votes. Therefore it might happen that the election might be challenged. Even if we had all the graduates in this country, we have no assurance that the present normal conditions may continue. The main point, however, is that a considerable part of the electors are odtside the jurisdiction, and we do not know whether it is possible to get in touch with them. That, I understand, is the trouble.

I admit that is a fairly good reason for the Bill. Would the Minister say when it is proposed to return to the normal procedure?

As soon as the emergency has passed. I think the Deputy may take it, if he feels that there is any danger of this measure being used wrongfully, that it is most unlikely that the Government and the governing bodies of the three colleges would combine to hold up elections after normal conditions have been restored.

In view of the Minister's statement, I do not desire to pursue the matter any further.

Question put and agreed to.
Bill passed through Committee without amendment, received for final consideration, and passed.
The Dáil adjourned at 10.20 p.m. until Wednesday, 6th November, at 3 p.m.
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