As the title indicates, the purpose of this Bill is to enable the Government to extend by order the terms of office of members of the governing bodies of the University Colleges of Dublin, Cork and Galway. Under their charters the period of office of the governing bodies of these colleges is limited to three years and, in the normal course, the period of office of the present governing bodies would terminate on January 31st next. The charters also prescribe how these governing bodies shall be constituted: each governing body includes, inter alia, a number of representatives elected by the registered graduates of the college, and one representative elected by each of the county councils in the college area. The procedure for the election of the governing bodies, as prescribed in the statutes of the different colleges, includes arrangements for a postal vote by the registered graduates of each college, and defines in detail the times within which action must be taken by the different appointing bodies. 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.
Representations have been made to the Government by the President of University College, Dublin, on behalf of the governing body of that college, that it is undesirable to hold the election for a new governing body in present circumstances, and suggesting that, if possible, the existing governing body should be continued in office for another year. Communications have also been received from the University Colleges at Cork and Galway agreeing with this proposal. In support of the proposal, it was suggested that there is the possible danger of an acute emergency arising which would dislocate the work of one or more of the colleges, or of some of the appointing bodies. Moreover the elections in question include a postal vote by the graduates, and it has been represented that many of these who live abroad would find it very difficult, if not impossible, to take part in the elections owing to the present abnormal postal delays. The President of University College, Dublin, has also mentioned as a further reason the undesirability of holding contested elections at present.
As the periods of office of the governing bodies of the University Colleges are prescribed in their respective charters, the extension of the period of office of the present bodies involves an amendment of these charters. The law officers have pointed out that in all cases since 1922, when a charter has been amended, as in the case of the National Maternity Hospital, this has been done by legislation by the Oireachtas, and that this is the appropriate course to follow in the present case. Formerly the issue of a supplementary charter would probably have been the course adopted. It was indicated that the legislation might take the form of a Bill empowering the Government, on the representations of any body acting under the charters of the university itself or any of its constituent colleges, to make, from time to time, by order, such provision as they consider necessary to continue the term of office of any such body beyond that appointed in the relevant charter until such further time as the Government would fix.
The Bill now before the Oireachtas accordingly provides that the Government may declare by order that the term of office of the members in office on the date of such order of the governing body of any of the colleges shall be extended until a specified date not later than 12 months after the date on which such term of office would ordinarily expire. It is also provided (sub-section (2) of Section 2) that no order shall be made under the proposed Act unless on the application of the governing body, to whose members the intended order would relate. In order to regularise a position where, in anticipation of an order under the proposed Act, the arrangements prescribed by statute in connection with the election of a governing body of a college have not been made, sub-section (3) of Section 2 provides that in any case where, before the date of an order, any of the steps prescribed by the statutes of a particular college in relation to the nomination, appointment and election of members has not been taken, it shall be deemed to have been proper not to take any such step. It is provided in Section 3 of the Bill that every order extending the term of office of a governing body shall be laid before each House of the Oireachtas as soon as possible after it is made, and that any such order may be annulled by a resolution of either House within 21 days.
