LegalizeTECHNOLOGICAL UNIVERSITIES ACT 2018
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5 amending acts · 2023-11-01, revised-IE-2018-act-3@2023-11-01
Act to provide for the dissolution of certain institutes of technology and for the transfer of their functions, assets, liabilities and staff to new institutes of technology to be established; to provide for the dissolution of certain institutes of technology and the transfer of their functions, assets, liabilities and staff to the Dublin Institute of Technology; to provide for the reform of the governing authorities of the institutes of technology and the Dublin Institute of Technology; to provide for the establishment of technological universities; to provide for the functions and governance of technological universities; to provide for the transfer of functions, assets, liabilities and staff from certain institutes of technology to technological universities; to provide for the consequential amendment of certain other enactments and to provide for related matters
Unless he or she resigns, retires or is removed from office, a president shall hold office for such period as the governing body, with the consent of the Minister, determines but the period shall not exceed 10 years from the date of the president’s appointment.
(1) The president shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this paragraph referred to as the “Committee”), give evidence to that Committee in relation to—
- (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the technological university is required by this Act to prepare,
- (b) the economy and efficiency of the technological university in the use of its resources,
- (c) the systems, procedures and practices employed by the technological university for the purpose of evaluating the effectiveness of its operations, and
- (d) any matter affecting the technological university concerned referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in clause (a), (b) or (c)) that is laid before Dáil Éireann.
- (2) In the performance of his or her duties under this paragraph, the president shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
(1) In this paragraph “ Committee ” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.
- (2) Subject to subparagraph (3), the president shall, at the request in writing of a Committee, attend before it to give account for the general administration of the technological university.
- (3) The president shall not be required to give account before a Committee for any matter that is or has been or may be the subject of proceedings before a court or Tribunal in the State.
- (4) Where the president is of the opinion that a matter in respect of which he or she is requested to give account before a Committee is a matter to which subparagraph (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and unless the president does so at a time when he or she is before the Committee, he or she shall do so in writing.
- (5) Where the president has informed a Committee of his or her opinion in accordance with subparagraph (4) and the Committee does not withdraw the request referred to in subparagraph (2) in so far as it relates to a matter the subject of that opinion—
- (a) the president may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question of whether the matter is one to which subparagraph (3) applies, or
- (b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter.
- (6) Pending the determination of an application under subparagraph (5), the president shall not attend before the Committee to give account for the matter the subject of the application.
- (7) If the High Court determines that the matter concerned is one to which subparagraph (3) applies, the Committee shall withdraw the request referred to in subparagraph (2), but if the High Court determines that subparagraph (3) does not apply, the president shall attend before the Committee to give account for the matter.
- (8) In the performance of his or her duties under this paragraph, the president shall not question or express an opinion on—
- (a) the merits of any policy of the Government or a Minister of the Government, or
- (b) the merits of the objectives of such a policy.
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