Institutes of Technology Act 2006

Governance of Dublin Institute of Technology.

47.— The DIT Act is amended by inserting the following sections after section 21:

“Reserved functions.

21A.— (1) The Institute shall perform by resolution of the Governing Body such of the functions as are declared by this Act to be reserved functions and ‘reserved function’ shall in this Act be construed and have effect accordingly.

(2) The functions under sections 5(1)(a) to (k), 7, 9, 10, 21C, 21D and 21E are declared to be reserved functions.

(3) Any dispute as to whether or not a particular function is a reserved function shall be determined by the Minister.

(4) The President shall assist the Governing Body in the performance of its reserved functions, in such manner as the Governing Body may require.

(5) The Governing Body shall not perform by resolution of its members, or give a direction in relation to the performance of, a function that is not a reserved function.

Executive functions.

21B.— (1) Every function that is not a reserved function shall be an executive function, and ‘executive function’ shall, in this Act, be construed and have effect accordingly.

(2) Executive functions shall be performed by the President.

(3) The President shall provide such information to the Governing Body regarding the performance of his or her functions as the Governing Body may from time to time require.

(4) The President shall provide such information to the Minister or An tÚdarás regarding the performance of his or her functions as the Minister or An tÚdarás, as the case may be, may from time to time require.

Strategic development plan.

21C.— (1) The Governing Body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the President to prepare a plan (in this Act referred to as a ‘strategic development plan’) that shall set out the aims of the Governing Body for the operation and development of the Institute and its strategy for achieving those aims, and for carrying out the functions under this Act, during the period, being not less than three years, to which the plan relates.

(2) The Governing Body may either approve the strategic development plan without modification or, after consultation with the President, approve the plan with such modifications as it thinks fit; in exercising its powers under this subsection the Governing Body shall have regard to the resources available to the Institute.

(3) As soon as practicable after it approves the strategic development plan under subsection (2), the Governing Body shall provide a copy of the plan to An tÚdarás and to the Minister.

Equality policy.

21D.— (1) The Governing Body shall, as soon as practicable but not later than 12 months after the commencement of this section and at such other times as it thinks fit, require the President to prepare a statement of the policies of the Institute in respect of—

(a) access to education in the Institute by economically or socially disadvantaged persons, by persons who have a disability and by persons from sections of society significantly under-represented in the student body, and

(b) equality, including gender equality, in all activities of the Institute,

and the President, in preparing the statement, shall have regard to such policies on those matters as may from time to time be determined by the Minister.

(2) The Governing Body may either approve the statement prepared under subsection (1) without modification or, after consultation with the President, approve the statement with such modifications as it thinks fit; in exercising its powers under this subsection the Governing Body shall have regard to the resources available to the Institute.

(3) The Institute shall implement the policies set out in the statement as approved under subsection (2).

Dispute resolution.

21E.— (1) The Governing Body shall establish procedures for the resolution of disputes that arise in the Institute.

(2) Subsection (1) shall not apply to industrial relations disputes, which shall be dealt with through normal industrial relations structures operating in the Institute.

(3) Procedures established under subsection (1) shall—

(a) be embodied in writing,

(b) be established following consultation with recognised staff associations and trade unions representing the staff of the Institute and with the students union or other student representative body, and

(c) provide for consideration of issues in dispute by an independent person or persons, as appropriate.

Reviews.

21F.— An tÚdarás may review—

(a) the strategic development plan prepared in accordance with section 21C, and

(b) the policies set out in the statement prepared under section 21D and their implementation by the Institute,

and may, following consultation with the Institute, publish a report, in such form and manner as it thinks fit, on the outcome of any such review.”.