Sir, - We should be grateful to Garrett FitzGerald (September 24th) for questioning the wisdom bf the Universities Bill, currently awaiting the attention of the Dail. I emphasise and support his appeal by quoting it: "How has our Oireachtas come to be presented with such an extraordinarily authoritarian, indeed Thatcherite Bill - a measure profoundly contrary to, and openly dismissive of our highly successful university system?"
As a former Provost of Trinity I notice many causes for concern in the Bill, apart from those already noted by Garret. Section 18 of the Bill permits the Minister to suspend university governing bodies if she is "of the opinion that the functions are not being duly and effectively performed". Such powers seem quite excessive in a democracy. Section 28 of the Bill says that the charters of TCD and NUI shall remain in force only to the extent that they are not in conflict with this Act, but in the Minister's Position Paper of last November it is stated "the principle of the right of a university to regulate its own affairs in "accordance with its ethos and traditions is of central importance". When and why was this principle abandoned, for the two positions cannot be reconciled?
The chairperson of the Governing Authority (Section 15) may, in TCD, be a person other than the Provost, thereby deleting 400 years of established practice. This idea seems to derive from recent management theory adopted by some semi state agencies. May one enquire whether it was the Bord na Mona or the VHI model of chairperson/chief executive interaction that the department found more appropriate? The Bill does not acknowledge the existence of Dublin University, which, for technical reasons that should have been understood, is not identical with Trinity College. The university, through its Senate, is the body responsible for the approval and award of degrees, including the many awarded to associated colleges.
I could make many other criticisms. The Bill is necessary to create new universities within the old NUI structure and to modify existing legislation which governs DCU and the University of Limerick. It is desirable to change the composition of the TCD Board (but the Bill would reduce the present level of participation by student and trade union members who attend its meetings), but it is not necessary to link these procedures to a heavy handed extension of authoritarian control.
The Bill should be amended extensively before it becomes law. A private Bill is proposed to permit amendment of the TCD charter and statutes. This may solve some of the questions I have raised and is welcome for that reason, but sections 18 and 28 of the Bill need fundamental reconsideration. Much has been made of external representation on the TCD Board. Personally - and I write in a personal capacity only - I think that is a relatively unimportant issue, which can be resolved one way or another in discussion.
Garret FitzGerald in the first part of his article, considers the position of the NUI and holds that it is treated less favourably than Trinity or Maynooth. As the Minister said in her Position Paper, "New legislative provisions would be broad enough to encompass diversity and would not seek to impose uniform systems of governance, operation or management upon the various institutions". Each of the colleges has its own history and traditions to cherish and its own case to make, but we have common cause in resisting excessive and unnecessary control by the State. - Yours, etc.,
Department of Botany
Trinity College,
Dublin 2.