Vol. 544 No. 2
3 Mr. Creed asked the Minister for Education and Science if he will consider invoking his powers under the Regional Technical Colleges (Amendment) Act, 1994, at Limerick Institute of Technology in view of the failure of the governing body to act on the O'Hanlon report. [28158/01]
Under the terms of the Regional Technical Colleges Acts, matters relating to examinations are a statutory function of the management and governing bodies of the institutes of technology. In light of the statutory position, the matter in question falls to be dealt with by the institute in the first instance. This position has been reiterated in previous responses to parliamentary questions and in communications with the institute.
I understand the governing body considered the O'Hanlon report at a special meeting held for this purpose in October and decided to deal with the matter in accordance with legal advice conveyed to the body at that meeting. I also understand that the matter will be further discussed by the governing body at its meeting next week. I understand that the institute will be in communication with my Department following that meet ing. I will consider the position further at that stage.
Does the Minister accept the net point in this matter is the integrity of the examination system and public confidence in it? Notwithstanding any of the individuals concerned – I understand there are strongly held views on both sides of the dispute and investigation – the main issue is maintaining public confidence in the third level examination system in the institute of technology sector. For this reason, it is imperative that the governing body and the director consider in detail, and are seen to do so, the findings of the O'Hanlon report. Does the Minister agree these are the net issues involved and that, to date, these matters have not been dealt with conclusively?
The matter is being actively pursued by the board and it is considering the report. I am satisfied it is approaching it in a satisfactory manner at this stage. I will not come into the picture until the board has completed its examination. That is the statutory position.
Will the Minister confirm that, in the event of him and his Department being dissatisfied with the manner in which this matter is being handled, he has the authority under legislation to intervene directly? Has he given an indication to the director and the governing body, either through formal or informal contact, that his Department expects this matter to be addressed? Has he set a timeframe within which this matter must be dealt with conclusively?
My Department is satisfied that this matter is being dealt with at this stage. In relation to the powers the Deputy mentioned, in accordance with section 7(1) of the 1944 Act, where the Minister is of the opinion that there is reason to believe that a person has failed to perform his or her duty satisfactorily, the Minister may suspend him or her while inquiries into his or her failure are made. Once an individual is suspended, the Minister can carry out a sworn or unsworn inquiry. I am conscious of that aspect.
Has the Minister indicated, either formally or informally, any timeframe in which he expects the institute and the director to consider this matter?
We have indicated that we wish the board to consider the matter and the report and that is being done.
