Technological Universities

Technological Universities Act 2018

The main purpose of the Act is to provide for the establishment of technological universities, a new type of higher education institution to be formed through the consolidation and merger of existing institutes of technology. The Act also provides for the revision of the governance arrangements of the Dublin Institute of Technology and the institutes of technology under the Dublin Institute of Technology Act 1992 and the Regional Technical Colleges Act 1992 respectively.

Part 2 of the Act provides for the merging of consortiums of institutes of technology to form new institutions of greater scale. Chapter 1 provides for the merging of Dublin Institute of Technology with the Institute of Technology, Blanchardstown and Institute of Technology, Tallaght, while Chapter 2 provides for the merging of Cork Institute of Technology and the Institute of Technology, Tralee. Each of those consortiums has already been assessed by an international expert panel and found to be on a clear trajectory to meet the very robust performance and quality criteria that have been set down for merging institutes who wish to apply for the new technological university status.

Chapter 3 of Part 2 provides a mechanism for the merging of other consortiums of institutes of technology, who may apply to the Minister to be merged.
Chapters 2 to 7 of Part 3 provide for the functions and governance of technological universities. Chapters 8 and 9 of Part 3 provide a mechanism for how the merged institutes established under Part 2 can become technological universities. Chapter 10 of Part 3 provides a mechanism for the incorporation of an institute of technology into a technological university..

Dissolution of Institutes & Transfer

The Minister shall by order appoint a day upon which the Institute of Technology, Blanchardstown and Institute of Technology, Tallaght shall stand dissolved.
on the dissolution day appointed for dissolution, all functions of the Institute of Technology, Blanchardstown and Institute of Technology, Tallaght shall stand transferred to the Dublin Institute of Technology and all references to either of those institutions under primary  or secondary legislation shall be construed as references to the Dublin Institute of Technology.

The Minister shall by order appoint a day upon which Cork Institute of Technology and Institute of Technology, Tralee shall stand dissolved. It also provides for the establishment of a new institute of technology on that day, to be known by the name specified in the order.
on the day appointed for dissolution, all functions of Cork Institute of Technology and Institute of Technology, Tralee shall stand transferred to the new “merged institute” established under that provision and all references to either of those institutions under primary or secondary legislation shall be construed as references to the merged institute.

Application by institutes of technology to merge two or more institutes of technology, or “applicant colleges”, may jointly apply to the Minister for an order, which would have the effect of merging those applicant colleges.

There is to be an advisory panel to assess an application and for the provision by such a panel of a report and recommendation to An tÚdarás (i.e. the Higher Education Authority or HEA) and the Minister. There are matters which the Minister shall have regard to when deciding whether to make an order.
The 2018 Act provides for the making of a proposed decision by the Minister and subsequent interaction with the applicant colleges before the Minister makes a final decision.

The Minister shall by order appoint a day upon which the applicant colleges shall stand dissolved. The 2018 Act also provides for the establishment of a new institute of technology on that day, to be known by the name specified in the order. On the day appointed, all functions of the relevant applicant colleges shall stand transferred to the new merged institute established and all references to any of those applicant colleges under primary or secondary legislation shall be construed as references to the merged institute.

Technological Universities

The 2018 Act sets out standard provisions relating to the corporate nature and seal of the technological university. It also provides that the Minister may, following consultation with the technological university concerned, specify an alternative name for the technological university which it can use for operational purposes.

The 2018 Act out the general functions of a technology university, which include –

• providing high quality teaching and learning, undertaking assessment and making awards,
• providing relevant programmes of education and training, which are designed and delivered, where possible, with the involvement of regional stakeholders,
• encouraging mobility of staff and students, both to and from other higher education institutions, and into and out of the labour force,
• collaborating with other higher education institutions,
• engaging in high quality and relevant research,
• supporting enterprise and engaging in knowledge transfer,
• supporting the development of a skilled labour force,
• serving the community and public interest,
• promoting access to the technological university, and
• promoting gender balance and equality of opportunity.

It also sets out standard provisions relating to the acceptance of gifts by a technological university, the performance and delegation of its functions, and the establishment of dispute resolution procedures.

The 2018 Act provides for the academic freedom of a technological university and of the members of its academic staff.

Governance of technological university

The 2018 Act provides that a technological university shall have a governing body to perform its functions under the Act. It provides for the membership, terms of office, method of appointment  and gender balance of the governing body of a technological university. A governing body will have between 11 and 20 members, including the president of the technological university, a chairperson, staff and student representatives, nominees of the Minister and relevant Education and Training Boards, and between 3 and 8 other external members. Those external members will be appointed in accordance with a competency framework agreed with An tÚdarás.

Staff of technological university

The 2018 Act provides for the selection, appointment and potential removal from office of the president of a technological university. The terms and conditions, including remuneration, allowances and superannuation, of the president will require the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.

The 2018 Act provides for the appointment of staff by a technological university, for the approval of their terms and conditions by An tÚdarás and the Minister and the Minister for Public Expenditure and Reform, approval of their remuneration, fees, allowance and expenses by those Ministers and for provision to An tÚdarás of information relating to the number of staff employed and related matters. It also provides that companies in which technological universities have an interest should only pay staff of a technological university remuneration which has been consented to by An tÚdarás, the Minister and the Minister for Public Expenditure and Reform.

Academic council of technological university

The 2018 Act provides for the academic council of a technological university, for matters relating to its membership and terms of office of its members, and for the establishment of committees of an academic council. In accordance with the distinct mission of technological universities, the Act provides that an academic council shall include members of staff with experience of business, enterprise or a profession, and of collaborating with related stakeholders in the region.

The 2018 Act provides for the general functions of an academic council, which include –

• developing programmes of education and training, supporting their implementation, and promoting the involvement of business, enterprise, the professions and related stakeholders in those programmes,
• making recommendations on research, the selection, admission, retention and exclusion of students, the form of regulations relating to assessment, and the awarding of scholarship and prizes,
• performing functions delegated by the technological university, and
• implementing relevant regulations of the technological university.

Plans and Statements

The 2018 Act provides for the preparation by a technological university of strategic development plans to cover periods of 3-5 years, which shall specify the objectives and strategies of the technological university and consider relevant matters relating to quality assurance and enhancement.

The 2018 Act provides for the preparation by a technological university of equality statements to cover periods of 3-5 years, which shall specify its policies relating to the promotion of access and equality. Technological universities shall implement the policies set out in their equality statements.

Finance, property and reporting

The 2018 Act provides for the determination of a technological university’s budget for each year, for the carrying into effect of that budget and for the required course of action where the president is of the opinion that the expenditure of the technological university is likely to be in excess of that budget.

A technological university, or a company in which it has a proprietary interest, may only borrow money in accordance with rules made by An tÚdarás, with the approval of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance. It also provides that certain matters shall be addressed in such rules.

A technological university shall keep accounts, shall submit them for audit to the Comptroller and Auditor General, and shall submit the audited accounts, and the report of the C&AG on the accounts, to the Minister, who shall lay those documents before each House of the Oireachtas.

A technological university shall, not later than 30 June each year, submit a report on its activities to An tÚdarás and the Minister, who shall lay the report before each House of the Oireachtas. In preparing those reports, regard shall be had to the technological university’s strategic development plan, equality statement and

The 2018 Act provides for the establishment of, acquisition of, or holding of shares in, companies by a technological university, subject to the constitution of such a company being consistent with the Act. It also provides that a technological university may dispose of its interest in any company to which the provision applies.
Application to become technological university.

Merged Institute

The 2018 Act sets out the criteria with which a “merged institute” established under Part 2 must comply before it can become a technological university by order of the Minister. These include criteria relating to –

• the composition of the student body of the merged institute,
• the composition of the academic staff of the merged institute,
• the doctoral level education and research activities of the merged institute, and
• the ability of the merged institute to perform the functions of a technological university, with particular reference to its governance structures, links to regional stakeholders, quality assurance and enhancement, mobility of staff and students, and collaboration with other higher education institutions.

A merged institute may apply to the Minister for an order to become a technological university. The 2018 Act sets out the type of information which must be included in an application.

The 2018 Act provides for the appointment by the Minister, following the receipt of nominees from An tÚdarás and Quality and Qualifications Ireland (QQI), of an advisory panel to assess an application. It also provides that an advisory panel may, in conducting its assessment, consult as necessary.

The 2018 Act provides that the advisory panel shall, within 120 days of being appointed, furnish a report and recommendation to An tÚdarás. Where the merged institute doesn’t comply with the criteria set out, the report will identify those criteria and specify conditions which would enable the merged institute to comply with those criteria.

The 2018 Act requires An tÚdarás to provide to the Minister the advisory panel’s report, its views on that report, and any other relevant information within 60 days of receiving the report. The 2018 Act provides for the making of a proposed decision by the Minister and subsequent interaction with the merged institute before the Minister makes a final decision. That final decision may include postponing the granting of an application until the merged institute complies with conditions referred to.

The 2018 Act provides that the Minister may impose conditions on an applicant merged institute where the merged institute does not comply with all of the criteria set out. Where the merged institute does not comply with those conditions within the specified period, the application is deemed to have been refused. Where the merged institute is of the view that it has complied with the conditions, it shall notify the Minister accordingly and then provides for the making of a proposed decision by the Minister and subsequent interaction with the merged institute before the Minister makes a final decision.

Following a relevant decision, the Minister shall by order appoint a day upon which the merged institute shall stand dissolved. It also provides for the establishment of a new technological university on that day, to be known by the name specified in the order. On the day appointed , all functions of the merged institute shall stand transferred to the new technological university established and all references to the merged institute under primary or secondary legislation shall be construed as references to that technological university.

Joint application

An institute of technology and a technological university may jointly apply to the Minister for an order for dissolution, which would have the effect of incorporating the institute of technology into the technological university. The 2018 Act sets out the type of information which must be included in an application..

The 2018 Act provides for the appointment of an advisory panel to assess an application and for the provision by such a panel of a report and recommendation to An tÚdarás and the Minister. The 2018 Act sets out the matters which the Minister shall have regard to when deciding whether to make an order for dissolution.
The 2018 Act provides for the making of a proposed decision by the Minister and subsequent interaction with the applicant college and applicant technological university before the Minister makes a final decision.

Following a decision, the Minister shall by order appoint a day upon which the applicant college shall stand dissolved. On the day appointed for dissolution, all functions of the applicant college shall stand transferred to the applicant technological university and all references to any of the applicant college under primary or secondary legislation shall be construed as references to the technological university.

Appeals

The 2018 Act provides for the appointment by the Minister of an appeals board to hear appeals against decisions of the Minister. Each appeals board shall be made up of three persons nominated by Quality and Qualifications Ireland, including two persons with expertise in matters relating to higher education and one person who is either a practising solicitor or barrister.

Members of an appeals board shall be paid fees and allowances determined by the Minister, with the consent of the Minister for Public Expenditure and Reform. An appeals board shall be provided with administrative support by the Minister, shall be independent in the performance of its functions, and shall determine its own procedures.

The 2018 Act provides for matters relating to the hearing of an appeal by an appeals board, including –

• the provision of submissions and other information to an appeals board,
• the entitlement of each party to an appeal to be heard,
• the matters to be considered by the appeals board, and
• the making of a decision by an appeals board.

The decision of an appeals board may be to affirm the Minister’s decision, or the quashing of the Minister’s decision and a direction to the Minister to reconsider his or her decision.

DIT Governance

The 2018 Act provides for the appointment of a new governing body of the Dublin Institute of Technology on the day appointed by order for dissolution, which is the day upon which the Institute of Technology, Blanchardstown and the Institute of Technology, Tallaght, are to be merged with the DIT. That provision has the effect of substituting a new provision in the Dublin Institute of Technology Act 1992, thereby reforming the membership and appointment of the governing body of the DIT.

The Minister shall appoint members of the first governing body of the merged institute, whose term of office shall be two years. Those members shall be –

• a chairperson,
• two external members nominated by the Minister, and
• a nominee of the relevant Education and Training Boards.

The president of the merged institute shall also be a member of the first governing body.

Within 6 months, the first governing body is required to agree a competency framework with An tÚdarás for the appointment of external members, establish procedures for the election of staff representatives and the appointment of external members and to conduct elections and make appointments to the governing body.

New Merged Institute Governance

The 2018 Act provides for the appointment of the first governing body of a new institute of technology established by order for dissolution or  as the case may be, which will be formed through the merger of two or more institutes of technology.

It is intended to commence the provision not later than the first day appointed by the relevant order That has the effect of substituting a new provision in the Regional Technical Colleges Act 1992, thereby reforming the membership and appointment of the governing body of an institute of technology.

The Minister shall appoint members of the first governing body of the merged institute, whose term of office shall be two years. Those members shall be –

• a chairperson,
• two external members nominated by the Minister, and
• a nominee of the relevant Education and Training Boards.

The president of the merged institute shall also be a member of the first governing body.

Within 6 months, the first governing body is required to agree a competency framework with An tÚdarás for the appointment of external members, establish procedures for the election of staff representatives and the appointment of external members and to conduct elections and make appointments to the governing body.

Director

A person who is the Director of an institute of technology which is dissolved by order under Part 2 shall become a fixed-term employee of the relevant merged institute, unless they are appointed by the Minister to be the first Director of the merged institute. The conditions of remuneration of persons transferred under this provision are preserved.

The 2018 Act enables the Minister to designate a person to be the first Director of a merged institute established by order for dissolution or for merger. Where that person was the Director of an institute of technology dissolved by such an order, they will hold office for the unexpired period of their term of office. It also provides that the president of the DIT on the day an order is made for dissolution shall be the first president of the merged institute concerned and shall also hold office for the unexpired period of their term of office.

Programmes

The 2018 Act provides that programmes of education and training provided by a body dissolved by order, and which led to an award of QQI or of the dissolved body under authority delegated to it by QQI, shall become programmes of education and training provided by the DIT, which lead to awards made by the DIT.

The 2018 Act provides that programmes of education and training provided by a body dissolved by order for dissolution or for merger, and which were validated by QQI, shall become programmes of education and training provided by the relevant merged institute, validated by QQI, and that any conditions imposed by QQI in respect of that validation shall continue to apply.

It also provides that programmes of education and training provided by a body dissolved by order for dissolution or for merger, and in respect of which authority to make awards has been delegated by QQI, shall become programmes of education and training provided by the relevant merged institute, in respect of which authority to make awards has been delegated by QQI, and that any conditions imposed by QQI in respect of that delegation shall continue to apply.

The 2018 Act provides for the transfer of arrangements relating to the international education mark where an order is made for dissolution or for merger.
Where an order is made for dissolution, and where all of the relevant bodies concerned are authorised by QQI to use the international education mark, the DIT shall comply with any conditions attaching to those authorisations and shall be liable for each of the relevant annual charges.

Where an order is made for dissolution or for merger, and where all of the relevant bodies concerned are authorised by QQI to use the international education mark, the merged institute concerned shall be deemed to be so authorised, shall comply with any conditions attaching to those authorisations and shall be liable for each of the relevant annual charges.

It also provides that, where an order is made for dissolution and DIT does have authorisation to use the international education but one of the dissolved bodies concerned does not have such authorisation, then authorisation is deemed to have been withdrawn from the DIT.
The 2018 Act provides for the transfer of arrangements relating to quality assurance and access, transfer and progression where an order is made for dissolution or for merger.

Where an order is made for dissolution, it is provided that any procedures for quality assurance or procedures for access, transfer and progression established by the DIT shall continue to apply. Where an order is made for dissolution or for merger, it is provided that any procedures for quality assurance or procedures for access, transfer and progression established by a dissolved body shall become procedures of the relevant merged institute.

New Institute Governance

The 2018 Act provides for the appointment of the first governing body of a new technological university established by order. The Minister shall appoint members of that first governing body, whose term of office shall be two years. Those members shall be –

• a chairperson,
• two external members nominated by the Minister, and
• a nominee of the relevant Education and Training Boards.

The president of the technological university shall also be a member of the first governing body.
Within 6 months, the first governing body is required to agree a competency framework with An tÚdarás for the appointment of external members, establish procedures for the election of staff representatives and the appointment of external members and to conduct elections and make appointments to the governing body.

The 2018 Act provides that the president of the relevant merged institute on the day an order is made for establishment of a Technological University shall be the first president of the technological university concerned and shall hold office for the unexpired period of their term of office.
The 2018 Act provides that a person who is the Director of an institute of technology which is dissolved by order for dissolution shall become a fixed-term employee of the relevant technological university and that their conditions of remuneration are preserved.

The 2018 Act provides that programmes of education and training provided by a body dissolved by order for establishment of a Technological University for dissolution, and which led to –

• an award of QQI, or
• an award of the dissolved body made under authority delegated to it by QQI, or
• an award of the DIT,

shall become programmes of education and training provided by the relevant technological university, which lead to awards made by that technological university.

Quality Assurance Marks

The 2018 Act provides for the transfer of arrangements relating to the international education mark where an order is made for establishment of a Technological University for dissolution.

Where an order is made, and where the merged institute concerned was authorised by QQI to use the international education mark, the relevant technological university shall be deemed to be so authorised, shall comply with any conditions attaching to that authorisation and shall be liable for the relevant annual charge.

Where an order is made for dissolution, and where both the institute of technology and the technological university concerned are authorised by QQI to use the international education mark, that technological university shall comply with any conditions attaching to those authorisations and shall be liable for each of the relevant annual charges.

It also provides that, where an order is made for dissolution and the technological university concerned does have authorisation to use the international education mark, but the institute of technology concerned does not have such authorisation, then authorisation is deemed to have been withdrawn from the technological university.

The 2018 Act provides for the transfer of arrangements relating to quality assurance and access, transfer and progression where an order is made for establishment of a Technological University or for dissolution.

Where an order is made for the establishment of a Technological University, it is provided that any procedures for quality assurance or procedures for access, transfer and progression established by the merged institute concerned shall continue as procedures of the relevant Technological University.

Where an order is made for dissolution, it is provided that any procedures for quality assurance or procedures for access, transfer and progression established by the institute of technology concerned shall no longer apply and procedures of the relevant technological university shall continue to apply.