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Seanad Éireann debate -
Wednesday, 24 Apr 1974

Vol. 77 No. 11

Adjournment Debate. - National College of Art.

I welcome the opportunity to discuss in the Seanad two matters arising out of the terms of the Act which was passed in 1971 setting up the present board of the National College of Art. The first of these is the fact that there is a statutory duty on the board under section 16 (1) of the Act to report to the Minister, and a duty on the Minister to cause a copy of such report to be laid before each House of the Oireachtas. Section 16 (1) provides that the board shall make a report to the Minister annually of its proceedings under this Act during the previous academic year of the college and the Minister shall cause a copy of the report to be laid before each House of the Oireachtas. Section 16 (2) states that the board shall provide the Minister with such information regarding the performance of its functions that the Minister may from time to time require. The board were constituted and took up their duties in May, 1972, so that they have been in operation for more than a full academic year. We are now well on in the academic year of 1974 and no report appears to have been sent to the Minister. Certainly no report has been laid by the Minister before the Houses of the Oireachtas.

If all was well in the National College of Art one might have a little more patience and wait for such a report to be submitted. But, as we all know, things are not well in the National College of Art. The period since the introduction of the board has been one of discontent, of protest and of extreme despair on the part of the students. As Members of this House we cannot pretend to be unaware of this sorry state of affairs since we are immediately adjacent to the building which houses the National College of Art and we have seen the pickets of protest carried so frequently by the students. I intend to deal with this at greater length. The failure of the board to report, as required under the Act, and the failure of the Minister to lay the report before the Houses of the Oireachtas has a particular significance. It has deprived us in this House of tabling such report to be debated as we have tabled many other reports— for example, the Report of the Commission on the Status of Women and the Report of the National Library and Museum. This is done in order to have an opportunity to comment fully on what is in the report and, very often, what is not in the report but ought to be concerning the various activities of the college. That is the first matter at issue this evening.

Another matter is the failure by the board to appoint a director as provided by section 17 of the Act. Section 17 provides that there should be a director of the college. Subsection (2) of this section states that the director shall be the chief officer of the board and shall control and direct the staff and students of the college and the activities of the college, subject to the authority of the board. Elsewhere in the Act it is provided that the director will be a member of the board. From the whole reading of the Act he is the key figure. Looking back on the debate in both Houses in 1971 it was clear that the whole framework depended on an active director who would implement his function and powers under the Act so that the National College of Art could get off to a fresh start. I should like to refer Senators back to the debates on the establishment of the board under the Act of 1971. It was a controversial Bill. Many amendments were put down by the Opposition at the time but were not accepted. It is strange to see the very serious matters that were raised in the debates on the Bill by people who are now in government and who have an opportunity either to amend that Act—and there is good reason for amendment—or certainly to scrutinise and monitor the activities of the board and in particular the way in which they are implementing the provisions of the Act. It is a serious weakness in the whole structure that a director has not been appointed. The appointment of a full-time director is one of the issues which the students have sought to secure and have argued for. It is a matter which the board have been prepared to make public statements about. I refer to a public statement made by the board and publish in The Irish Times on 17th January, 1974, which relates to the fact that the board proposed to introduce reforms. It reads:

The Board of the National College of Art and Design in Dublin last night announced proposals for reorganisation and recruitment which it hopes will transform both academic standards and the general atmosphere within the college.

The proposals are contained in a statement issued following a meeting of the board which discussed the reported decision of the Labour Court on the board's decision in the case of four teacher members of the ATGWU.

The statement said far-reaching proposals for reorganisation and recruitment were put to the board in December by the consultant director, Professor James Warwick, and were approved.

The plans include the constitution of an academic board or council in the college; the appointment of a board of examiners; the setting up of an industrial liaison committee; the creation of a new grievance procedure for students and the creation of the post of Head of Department of Teacher Training.

I would be interested to take each of those items in turn and ask whether in fact the reforms are being implemented. My information is that none of the proposals has in fact been implemented of which the relevant one here was the proposal to advertise for and appoint a director forthwith. This is a very serious matter. It is unfair in a sense that it had to come before this House in the straitjacket of an Adjournment Debate, where there is not the opportunity that there should be for us to examine the way in which this Act is operating and the very serious situation in the College of Art.

There are several urgent matters I should like to have commented upon in debating a report duly submitted by the board. For example, I should like to see a discussion in the House relating to the difficulties arising out of the refusal by the board to renew the contract of four teachers in the College of Art, and the allegation that this was because of "disloyalty to the college" because they were voicing criticism. I am glad not to be in a position of being a teacher in the College of Art—who might be dismissed—but of being able to echo their "disloyalty", to reinforce their criticism and to back them up in their moral courage at having spoken out about the conditions in the College of Art.

I have had the opportunity of seeing the physical conditions under which the students work, and of listening to them about the lack of teaching in the school. They point out that every time they get a progressive teacher who tries to introduce change then he is either harrassed, dismissed, or, in the case of Arthur Armstrong, he resigns. I think it is relevant to look at what has happened to the talented and creative people who might have introduced the changes needed in the College of Art. I refer again to a report in The Irish Times of 17th July, 1973:

An Irish painter, Arthur Armstrong, has resigned from the staff of the National College of Art and Design in Dublin in protest against the "curiously irresponsible administration" of the College.

Mr. Armstrong joined the staff of the college last September as a part-time teacher in the school of painting. In a letter to the board last week, he said he had joined the staff because he believed that the board was sincerely trying to improve conditions and standards there. "Now, after a year of curiously irresponsible administration, culminating in the dismissal of four teachers who were seriously and successfully raising the standards of teaching in the college, I feel I have no option but to disassociate myself from the college and submit my resignation".

We have evidence of the dismissals of teachers; we have a resignation of a painter of the standing of Arthur Armstrong and we have evidence of constant protests by students.

I wish to intervene here to ask the Senator to relate her remarks more closely to the absence of a report and the non-appointment of a director. She is tending to discuss matters which she herself has said it would be possible to raise if we had a report. The subject for discussion is the fact that we have not.

If I might relate what I am saying to the specific matters raised here on the Adjournment, it is one of the great weaknesses of the present set-up that we provide in an Act of Parliament that a particular institution or educational board— such as the board of the National but we are dependent on this being College of Art—shall report annually, done in order to have a full scale debate on the situation in the National College of Art. The only other mechanism as far as I can see is to table a question in the Dáil. This is inadequate for an examination of why there is disruption in the college, of why there are student protests. Two of the factors aggravating the situation in the College of Art since the Act came into operation are the failure to appoint a full-time director and the failure by the board to report, because there has not been the opportunity afforded to the Oireachtas to scrutinise, comment on and monitor the activities of the board.

Senator Horgan has very kindly offered to contribute to this debate. I now propose to give way to him so that he may join me in seeking an explanation from the Minister of why the post of director has not been filled and why the report has not been tabled as provided in section 16 of the Act.

To some extent I sympathise with the present Minister for Education on the situation in which he has found himself. It is largely, if not entirely, through no fault of his own. I fully endorse and underwrite everything Senator Robinson has said, not least on those sections on which she was called to order by the Cathaoirleach.

I do not propose to go over that again. I think Senator Robinson said it very plainly and made all the points very clearly. I should like to confine my remarks to the failure of the board to appoint a director, which, it seems to me, is something rather important.

For the benefit of the House I should like to quote a sentence uttered by the then Minister for Education when he proposed the Second Stage of the Bill in this House on 10th November, 1971. In column 1114 of the Official Report he said:

I have every confidence that under the aegis of the autonmous body which is being constituted under this Bill the college can develop in such a way as will enable them to cater in a fuller manner for the cultural and economic needs of the community in so far as they relate to Art in its fullest sense...

That sentence has a very hollow ring today. One of the hollowest things about it is that today, a year and more after the board was appointed the affairs of the college are still in such a state of chaos and division. I do not want to portray this situation as a revolt by worthy young revolutionaries against a crusty authority—that might be oversimplifying matters. What is plain is that the college is divided from top to bottom. The board are divided, the staff are divided and the students are divided. The symbolic manifestation of this division is this failure to appoint a director. The Minister is in a position in which he is responsible at one level for the college and ultimately the buck stops on his desk. What will he do? I shall quote another section from the same debate where Professor Kelly spoke about the question of automony as reported at column 1119 of the Official Report:

If we hand the affairs of the National College of Art over to a board, it will mean, as in the case of any other board entrusted to some department of national life, that the Minister will no longer be answerable in the Dáil by question for the day-to-day operations of that board.

I think that is the right way for things to be. I do not believe that any Minister for Education should have the power to interfere in the day-to-day runnings of an institution like the College of Art. I do not believe any Minister should so interfere regardless of whether he has the power to do so. We are not dealing here with something that is a matter of the day-to-day running of the college. The appointment of the director is something which affects the whole ethos of a college. The failure to appoint a director is to me an indictment of the whole ethos of a college.

I believe firmly in the principle of appointing bodies to do work like this in this area and then leaving them alone to get on with the job. I must to the principle of accountability, more especially where public money and public institutions are concerned. I believe that this principle of accountability is in question here and that the ultimate remedy which is available to the Minister should be acted on by him in this case. The Minister has only one remedy and that is to remove the members of the board and to replace them. This is a very serious step for any Minister to take, but this is a very serious situation. They have had their year and more. The divisions are not healed; the college is not progressing. There is a case for a new board. The whole idea behind the constitution by the Government of the College of Art Board is that this body were appointed to do a job, and the Minister has up to now been wise in allowing them a chance to do their job. The Minister, like any wise man, does not keep a dog and bark himself. But the question now facing all the Minister with particular intensity at the moment, is: what do you do when the dog does not bark? It is my contention that the dog has not barked, is not barking and shows every sign of being permanently dumb. In the circumstances I think the situation is important enough for the Minister to take the final sanction which he is entitled to take by law.

I wish to speak on the two points raised on the Adjournment concerning the report and the director. I have not as yet received any report from Bord an Choláiste Náisiúnta Ealaíon agus Dearadh on their proceedings since their inception on 1st May, 1972. The board are statutorily obliged under section 16 (1) of the Act to report to me annually on their proceedings under the Act during the previous academic year of the college. I am advised that the board's obligation may be discharged at any time during the academic year subsequent to the academic year covered by the report. The academic year of the college commences in September and the first full academic year of the board's activities since their inception on 1st May, 1972, did not end until August, 1973. The board's obligations in regard to reporting on that academic year will have been discharged if I receive their report before the end of August, 1974. There remains the problem of the portion of the academic year from May, 1972, until August, 1972, on which the board has not yet reported on to me.

Under the strict interpretation of the Act it would appear that I should have received their report on that period before the end of August, 1973. I think however that before sitting in judgment on the board for this ommission certain mitigating factors must be considered. Every newlyestablished institution has its teething troubles and the National College of Art and Design has had perhaps more than most. A difficulty must arise when the board are reporting to me on portion of an academic year. They may not refer to any proceedings prior to the establishment date, the 1st May, 1972, which would mean that any report that they would furnish on this period would be a rather complicated document.

A report, to be of optimum practical use either to me or to the Oireachtas, should cover the full cycle of the academic year of the college. The first full cycle ran its course in August, 1973, and, as I have stated, the board have until August, 1974, to fulfill their obligation in reporting to me in respect of that year. I would anticipate that in their report on the academic year, 1972-73, the board would also make suitable reference to the period from May, 1972, to August, 1972. It would ill become me to condone a deliberate flouting of any Act of the Oireachtas. Nonetheless I feel that in this case any ommission that has occurred was not deliberate and happened for the reasons I have stated. If the board report to me before the end of August, 1974, in the manner I anticipate, I would be prepared to accept that they have fulfilled their obligations in the spirit, if not in the letter of the law. It is in this attitude of mind, which I think is a reasonable one, that I await the first report to me from the board of the National College of Art and Design. When I have received and considered it I shall not be remiss in fulfilling my own obligation under the Act to place a copy before each House of the Oireachtas.

The second point to which reference is made is to the position of director. From the establishment of the board on the 1st May, 1972, the functions of the director were carried out in an acting capacity by an officer seconded from the Department of Education pending the appointment of the director as provided for under the Act. The post of director was advertised in March, 1973, a consultant did not succeed in filling the post as a result. In October, 1973, a consultant director was appointed. In January, 1974, the officer acting as director returned to his duties in the Department of Education. Revised remuneration for the post of director has since been approved. In fact I took a personal interest in this point and I expect that the board will be advertising the post again in the very near future. I recognise that there has been delay in filling this post due to the difficulties which had been encountered. Nonetheless the work of director of the college has been carried out first by an acting director seconded from my Department and later by a consultant director. I am as disappointed as any Senator here that the board have not yet been able to make a permanent appointment. It is my earnest wish and hope that they will shortly be successful and will have the assistance of a full-time director of their choice in meeting the heavy responsibilities they have undertaken.

I was pleased to hear Senator Horgan say that the Minister should not interfere in the day-to-day running of the College of Art. I have noted his other major point that I have a final sanction. Before I would think of exercising that final sanction I think the board should be given every opportunity of fulfilling their obligations. I wish to thank the Senator for raising the matter and I think she has done some good in drawing attention to these points.

I should like to thank the Minister for his reply. He has adopted the stance of a strict constructionist and of a lawyer. But if he is adopting such a stance, I think he would be condemned by his own logic, because he would have to find the board at fault at least in respect of that part of 1972 for which they have not submitted proposals.

The Seanad adjourned at 10 p.m. until 10.30 a.m. on Thursday, 25th April, 1974.

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