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erigena
03-01-2011, 03:38 AM
It is time to establish that universities in Ireland indeed have been allowed outside the framework of public accountability, often allowing appalling behaviour by management, and this latitude has had the support of our outgoing government. When Paul Gogarty was approached in 2002 by a student who claimed to have been pressured into leaving a course, he asked questions in the Dáil. He also asked questions about bullying of staff at the same institution. Once he was in Government he took no further action....

Perhaps, in the wake of the Minister of Education in question in 2002, Dempsey announcing (to joyous acclaim) his retirement from politics, it is as well to recap his greatest hits.

He continued to state in answer questions from numerous members of parliament including Joe Higgins and Paul Gogarty

“As the Deputy is aware, the Universities Act, 1997 confers autonomous statutory responsibilities on universities in relation to the day-to-day management of their affairs. “

Here are some of the questions;

193. Mr. Gogarty asked the Minister for Education and Science if the autonomous responsibilities delegated to universities under the Universities Act 1997 means they can effectively obey the laws of the land when it suits them. [14004/03]

194. Mr. Gogarty asked the Minister for Education and Science if his attention has been drawn to the fact that SIPTU has called a vote of no confidence in the human resources department at DCU; and if his Department intends to monitor the ongoing breakdown in staff relations and disputes over non-compliance with the Universities Act 1997. [14005/03]

195. Mr. Gogarty asked the Minister for Education and Science the reason he refuses to intervene in documented cases of intimidation and bribery of students, financial irregularities and an unfair dismissal as upheld by a rights commissioner, when it is obvious that DCU management's undertakings to engage with these serious issues have not been carried out. [14006/03]

196. Mr. Gogarty asked the Minister for Education and Science if his attention has been drawn to a case (details supplied); if there is action he can take in such cases; and if he will make a statement on the matter. [14007/03]

Minister for Education and Science (Mr. N. Dempsey): I propose to take Questions Nos. 193 to 196, inclusive, together.

As the Deputy is aware, the Universities Act, 1997 confers autonomous statutory responsibilities on universities in the day to day management of their affairs. The conduct of staff relations is a matter for each university, in accordance with section 25 of the Act. In this context it would not be appropriate for me to comment on or intervene in operational management or individual disciplinary issues within a particular university such as the issue raised by the Deputy. However, I have been informed by the Higher Education Authority that the university in question is satisfied that it is properly discharging its responsibilities under the Universities Act 1997 and is conducting its affairs at all times in conformity with the laws of the land.

Of course, the High Court later ruled that DCU was not "conducting its affairs at all times in conformity with the laws of the land."


Dempsey's radical stance was reinforced by his interpretation of academic freedom;

“Section 14(1)(b) of the Universities Act lays out what the university must do in performing its functions. It is independent and autonomous”

Therefore

“The conduct of staff relations is a matter for each university in accordance with section 25 of the Act”

Similarly, in reply to Joe Higgins on the issues of bullying at the universities;

“As the Deputy is aware, the Universities Act, 1997 confers autonomous statutory responsibilities on universities in relation to the day to day management of their affairs. My Department does not collect information in relation to the issues raised by the Deputy. I have no proposals to carry out a study in relation to bullying in Irish universities.”

The phrase “autonomous statutory responsibilities” is of course piquant; an allowable interpretation is surely the Dick Cheney “Go commit a sexual act on yourself”. Eventually, Gogarty saw the point, and then became education chairman at the Dail.

I append Dempsey’s sustained assault on logic, joined as he was for an adjournment debate by the PM’s brother, in case we failed to get the message;


http://debates.oireachtas.ie/dail/2003/05/21/00081.asp

http://bulliedacademics.blogspot.com/2007/02/peter-principle-in-academe.html

http://historical-debates.oireachtas.ie/D/0569/D.0569.200306190019.html

http://historical-debates.oireachtas.ie/D/0559/D.0559.200212180025.html

http://www.indymedia.ie/article/78472

Many are featured in links from;

http://universitywatchdog.wordpress.com/2009/03/20/the-greens-and-opportunistic-hypocrisy/