Wikipedia

User:Jnestorius/Irish Universities Committee

< User:Jnestorius

The Irish Universities Committee was a committee established under the Irish Universities Act 1908 for dealing with petitions relating to provisions of the act.

1908 act

edit

Besides establishing the Irish Universities Committee, the act also:—

  • abolished the Royal University of Ireland (RUI) and Queen's College Belfast (QCB)[1]
  • established the National University of Ireland (NUI) and Queen's University Belfast (QUB)[2] and University College Dublin (UCD)[3]
  • established temporary commissioners[4] (Belfast, Dublin, and joint committee of both) originally till end 1910 and extended to 31 July 1911[5] The commissioners completed the transition by:
    • making initial Statutes for NUI, QUB, and UCD[6]
    • transferring property from the RUI to the NUI, QUB, or UCD[7]
    • appointing officers to NUI, QUB, UCD, UCC, and UCC[8]
      • favouring transfer of officers[9]
        • from RUI to NUI, UCD, or QUB;
        • and from QCB~QCC~QCG to QUB~UCC~UCG.
      • I presume that few if any of the UCD posts were filled by ex-RUI officers, leaving Dublin Commissioners free to appoint to UCD offices many personnel ex-Catholic University of Ireland (a private university not recognised as such by the British state)
        • Were any ex-Catholic officers not transferred to NUI-UCD? Probably some clerics at least, although maybe enough private money to fund and re-employ them in parallel to the Dublin Commissioners' work
    • compensating discontinued or demoted personnel[10]

Committee

edit

The committee was a committee of the Privy Council of Ireland (PCI)[11] It heard petitions against two types of decisions:

  • decisions of the temporary commissioners[12]
    • I presume the following two sources relate to the same appeals:
      • 15 February 1910 heard and rejected appeals by "several persons against the determination of the Dublin and Belfast Commissioners relative to the amount of compensation awarded to them in respect of fellowships and examinerships in the dissolved Royal University"[13]
      • there were 7 appeals of Commissioners' Joint Committee s.16 orders for compensation; all were rejected by Irish Universities Committee but it advised that Joseph P Pye (Professor of Anatomy & Physiology at Galway from 1877 to his death in 1920) should receive a half-year's salary as Fellow of the RUI, to 10 April 1910.[14]
  • enactment of Statutes[15]
    • ["in the first instance"] made by the temporary commissioners[16]
    • [subsequently, "after the powers of these commissioners determine"][16]
      • of the NUI or QUB by their respective Senate
      • of one of the NUI's constituent colleges by its governing body
        • UCC lectureship of Russian referred by NUI Senate in 1917[25]

The committee's rules were made by order on 23 April 1909.[26]

Members

edit

The initial seven committee members were appointed on 28 April 1909: judges Samuel Walker, Gerald FitzGibbon, William Moore Johnson, John Ross, and civil servants Sir David Harrel, Sir James Dougherty, Sir Patrick Coll.[27]

By 1913-14, Walker and FitzGibbon had died and been replaced by Justices William Kenny and Richard Cherry; the other five were as in 1909.[13][n 1]

Partition

edit

After the Partition of Ireland, the PCI became obsolete.

In relation to Northern Ireland,

  • the Irish Free State (Consequential Provisions) Act 1922 explicitly transferred[29]
  • QUB Statutes were still published in the Belfast Gazette per s.5 as late as 1949.[30]
    • Was there ever a petition on a QUB Statute, or a PCNI Universities Committee to which to direct such?
  • 1908 act s. 17(1)-(3) repealed by SLR(NI)1954, but as of 1982 ss. 5 and 18 still in force.[31] (The physical text has a footnote no. 13 at s. 18, but it's not previewable at Google books.[32])
    • The Higher Technological Studies Act (Northern Ireland) 1954 says "The Committee of the Privy Council of Northern Ireland referred to in section eighteen of the Irish Universities Act, 1908, shall have jurisdiction to determine any dispute arising out of the principal agreement [between QUB and Belfast Corporation to share a facility for teaching mechanical and electrical engineering] or any supplemental agreement"[33]

In relation to the Irish Free State, the Adaptation of Enactments Act 1922 adapted reference to Order in Council or Proclamation in Council,[34] but not to (? PCI or) committees of the PCI

  • Were NUI Statutes still published in Iris Oifigiúil? Yes, but not as soon as approved by NUI Senate/ college governing body; rather, forwarded to the Department of Education for approval (which might be dilatory) and thence for publication.[35]
    • What if Dept vetoed?
  • 1942
    • SI under 1922 act adapted 1908 act s. 5(2) but not otherwise[36]
    • proposed bill drafted, which would have amended 1908 act to replace the Irish Universities Committee with a National University Committee; pressure of business meant it was never introduced[37]
  • 1959–60 petitions were dealt with by Visitor rather than non-existent Irish Universities Committee.[38] In one case, the Statutes were allowed, but other case found ultra vires,[39] and act rushed through to retrospectively allow actions made under them.[40]
  • Tierney told the 1960s Commission on Higher Education that the 1908 provision was obsolete.[42]
  • In 1973 the Seanad expressed concern that because "the Privy Council in Ireland is non-existent" there was no way to process petitions.[43]

As regards the 1908 act, s.5 was repealed in 1997[44] and s.17 is spent since the commissions are defunct;[5] but s.18 has not been repealed.[44] So Committee not abolished but has no statutory functions.

Notes

edit
  1. ^ The referenced report[13] does not seem to be Accounts of Universities and Colleges, Ireland, for 1913-14, to judge by the comparison with the 1920–21 accounts.[28]
Accounts of Universities and Colleges, Ireland, for 19xx-yy; with Report of the Comptroller and Auditor-General series[45]
Accounts period Parl session Paper no.
1911–12 1913 474
1912–13 1914 60
1913–14 1914-15 51
1914–15 1914-16 357
1915–16 1916 129
1916–17 1917 148
1917–18 1918 126
1918–19 1919 193
1919–20 1921 31
1920–21 1922 28

Sources

edit
  • Irish Universities Act, 1908 as passed
  • Donald MacAlister (1911). University education: Report of the Belfast Commissioners. Command papers. Vol. Cd. 5929. Dublin: Thom for HMSO. Parliamentary Papers, HC 1911 XXI 499.
  • Christopher Palles (1911). Final report of the Dublin Commissioners appointed by the Irish Universities Act, 1908. Command papers. Vol. Cd. 5877. Dublin: Thom for HMSO. Parliamentary Papers, HC 1911 XXI 485.
  • Quekett, Arthur S. (1933). The Constitution Of Northern Ireland. Vol. II. Belfast: HMSO.
  • [Seanad Éireann] Select Committee on Statutory Instruments [Appointed 10th December 1969] (29 March 1973). Third Report (PDF). Official publications (in English and Irish). Vol. Prl.3149. Dublin: Stationery Office. Retrieved 18 January 2021.

Citations

edit
  1. ^ 1908 act s. 1(1)
  2. ^ 1908 act s. 1(3)
  3. ^ 1908 act s. 2(1)–(2)
  4. ^ 1908 act s. 6
  5. ^ a b 1908 act s. 6 (10); MacAlister 1911 p. 3 s. 7; Palles 1911 p. 3
  6. ^ 1908 act s. 4
  7. ^ 1908 act s. 14 (1)–(3)
  8. ^ 1908 act s. 15 (1),(3)
  9. ^ 1908 act s. 16 (1)–(2)
  10. ^ 1908 act s. 16 (3)–(4)
  11. ^ 1908 act s. 18(1)
  12. ^ 1908 act s. 17(2)
  13. ^ a b c d "Universities and Colleges, Ireland". File of annual reports for various official organisations, including the RIC, Ireland Development Grant, Irish Land Commission, CSO and Dundrum Criminal and Lunatic Asylum, from 1907–1914. Dublin Castle Collection. Oireachtas. p. 4. Retrieved 16 July 2024 – via JSTOR.
  14. ^ Palles 1911 p. 10
  15. ^ 1908 act s. 5(4)–(5)
  16. ^ a b 1908 act s. 4(1)
  17. ^ MacAlister 1911 p. 2 s. 3
  18. ^ a b Ryan, Arthur H. (1952). "Denis Canon O'Keeffe, M.A.". Studies: An Irish Quarterly Review. 41 (163/164): 310. ISSN 0039-3495. JSTOR 30099946.
  19. ^ "Scholastic Philosophy in Queen's University, Belfast". The Times. No. 39074. London, UK. 25 September 1909. p. 10 col 1.
  20. ^ a b Armour, William Staveley (1934). Armour of Ballymoney. Duckworth. p. 199.
  21. ^ "Irish Notes". The Law Times. 127 (3468): 465. 18 September 1909 – via HeinOnline.
  22. ^ "Irish Notes". The Law Times. 127 (3470): 506. 2 October 1909 – via HeinOnline.
  23. ^ "Irish Notes". The Law Times. 127 (3473): 591. 23 October 1909 – via HeinOnline.
  24. ^ Palles, Christopher (1909). Report to accompany the Statutes made by the Dublin Commissioners appointed under the Irish Universities Act, 1908. Command papers. Vol. Cd. 4726. Dublin: Alex. Thom for HMSO. Parl Papers HC 1909 XX p.893.
  25. ^ "Universities and Schools". Journal of Education. 49 (581). London: William Rice Jnr: 718. December 1917.
  26. ^ "University, Ireland; New Universities at Dublin and Belfast; The Irish Universities Committee Order, 1909. Dated April 23, 1909. 1910. No. 190.". Statutory Rules and Orders Other Than Those of a Local, Personal Or Temporary Character Issued in the Year 1910. HMSO. 1910. pp. 839–842.
  27. ^ "Irish Universities Committee.". Parliamentary Debates (Hansard). Vol. 7 (5th ser). HC. 13 July 1909. col. 2014W–2015W. Retrieved 16 July 2024.
  28. ^ "Accounts of Receipts and Expenditure of Universities and Colleges, Ireland, for the year ended 31 July 1921; together with the Report of the Comptroller and Auditor General thereon". Parliamentary Papers. London: HMSO. 27 February 1922. Retrieved 17 July 2024.
  29. ^
  30. ^ "No. 1451". The Belfast Gazette. 15 April 1949. p. 88.
  31. ^ "IRISH UNIVERSITIES ACT 1908 — SECT 17 Appeals and effect of schemes". Statutes Revised Northern Ireland Second Edition. 1982. Retrieved 17 July 2024 – via BAILII.
  32. ^ "Search The Statutes Revised, Northern Ireland (Second edition vol. 4) for "There shall be a committee of the Privy Council in Ireland"". Google Books. HMSO. 1982. Retrieved 17 July 2024. Irish Universities [Committee.] 18.13—(1) There shall be a committee of the Privy Council in Ireland
  33. ^ "Higher Technological Studies Act 1954 (c. 29) s. 9". The Public General Acts of 1954. Belfast: HMSO. 1955. p. 235.
  34. ^ "Adaptation of Enactments Act 1922 s.10". electronic Irish Statute Book. Archived from the original on 27 January 2021. Retrieved 18 January 2021.; "Adaptation of Enactments Bill". Seanad Éireann (1922 Seanad) Debates. Oireachtas. 18 December 1922. Archived from the original on 25 December 2020. Retrieved 20 January 2021.
  35. ^ Seanad 1973 Report s. 6 (p. 13) and Appendix II (pp. 28–42)
  36. ^ "S.I. No. 476/1942 - Irish Universities Act, 1908, Adaptation Order, 1942". electronic Irish Statute Book (eISB).
  37. ^ Seanad 1973 Appendix I (vii) Department of Education memorandum s. 3 (p. 23) and Draft of Bill (pp. 26–28)
  38. ^ Seanad 1973 Appendix I (vii) Department of Education memorandum ss. 4–5 (p. 23), 12–16 (p. 25)
  39. ^ Kenny, John (1962). "The Visitation in University College, Dublin". University Review. 2 (11): 19–29. ISSN 0566-2478. JSTOR 45241826.
  40. ^
  41. ^ Browne, Noel (28 April 1960). "University College Dublin Bill, 1960—Second Stage". Dáil Éireann (16th Dáil) debates. Oireachtas. cc 302–342. Retrieved 16 July 2024.
  42. ^ Commission on Higher Education 1960–67 (1967). "15: The Future of the National University of Ireland". Report (PDF). Vol. 2 part 1. p. 408 § 15.10 fn. 2.
  43. ^ Seanad 1973 Report s.4 and Appendix I
  44. ^ a b "Pre-1922 Legislation 1908". Irish Statute Book. 4 July 2024. Retrieved 16 July 2024.
  45. ^ The Sale Catalogues of British Government Publications, 1836-1921. Oceana Publications. 1977. ISBN 978-0-379-00550-9.
Retrieved from "https://en.wikipedia.org/w/index.php?title=User:Jnestorius/Irish_Universities_Committee&oldid=1235639384"