S.I. No. 587/2022 - Trinity College, Dublin (Supplemental Charter) Order 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th November, 2022.

The Government, at the request of the governing authority of Trinity College, Dublin (known as the Board of Trinity College, Dublin), and in exercise of the powers conferred on them by section 31 (4) of the Universities Act 1997 (No. 24 of 1997), hereby order as follows:

1. This Order may be cited as the Trinity College, Dublin (Supplemental Charter) Order 2022.

2. The Government hereby recognise, pursuant to a request to do so under section 31 (4) of the Universities Act 1997 (No. 24 of 1997), the draft Supplemental Charter submitted by the governing authority of Trinity College, Dublin, the text of which is set out in the Schedule.

Schedule

SUPPLEMENTAL CHARTER

WHEREAS by Royal Charter or Letters Patent of 3rd day of March 1592 (hereinafter called “the Foundation Charter of 1592”) the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin and certain persons therein named and such other persons as should from time to time be elected in the manner therein directed were forever incorporated and erected and constituted as a body corporate with perpetual succession to be called and known as the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin:

AND WHEREAS by further supplemental Royal Charter or Letters Patent of 25th day of May 1637 the Foundation Charter of 1592 was amended:

AND WHEREAS the said Royal Charters and Letters Patent were subject to various additional amendments including in particular by Letters Patent of 24th day of May 1911 (hereinafter called “the Supplemental Letters Patent of 1911”):

AND WHEREAS the government of Trinity College, Dublin under the aforesaid Charters or Letters Patent is vested in the Board of the College:

AND WHEREAS by Act of the Oireachtas, namely, the Trinity College, Dublin (Charters and Letters Patent Amendment) Act, 2000, a Private Act (hereinafter called “the 2000 Act”), the membership of the body corporate was extended to include certain additional members of the Board of the College not being Fellows or Scholars:

AND WHEREAS by the aforesaid Act of 2000 the composition of the Board of the College was amended in a manner consistent with the purpose and substance of the Universities Act 1997:

AND WHEREAS in 2019 the Board established the Board Review Working Group (“the Review”) to consider Board composition and the governance of the College, and approved the report of said Review in 2021:

AND WHEREAS the further amendments now made to the composition of the Board of the College are in accordance with the Universities Act 1997 as amended by the Higher Education Authority Act 2022 1 , and are reflective of the distinctive features of the College’s government and history:

AND WHEREAS the College is desirous to ensure diversity and equality in the membership of the Board, and further to ensure that such membership is broadly reflective of the composition of Irish society:

NOW THEREFORE the provisions hereinafter appearing are ADOPTED, and this Charter shall be supplemental to all of the aforesaid Charters and Letters Patent:

(1) Definitions

‘the Board’ means the Board of Trinity College, Dublin;

‘the College’ means the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin established by the Foundation Charter of 1592, and shall be held to include the University of Dublin save where the context otherwise requires in accordance with the charters and letters patent relating to Trinity College;

‘external member’, means a member of the Board other than an internal member or a student member thereof;

‘internal member’, means a member of the Board who is a member of the University Council, an employee of the College, or a person who is remunerated under a contract with the College and includes Fellows of the College;

‘Letters Patent’ includes the Supplemental Letters Patent of 1911 amending the Royal Charters of Incorporation of the Provost, Fellows and Scholars of the College of the Holy and Undivided Trinity of Queen Elizabeth near Dublin;

‘Minister’ means the Minister for Further and Higher Education, Research, Innovation and Science;

‘Statutes’ means the Statutes of Trinity College Dublin and of the University of

Dublin;

(2) The Board of the College shall consist of:

(a) external members appointed by the Board as follows:

(i) the Chairperson, and

(ii) nine persons other than the Chairperson,

three of whom shall be nominated by the Minister and seven appointed in accordance with a process determined by the Board and approved by the Minister,

provided that the Board or the Minister, as the case may be, shall be satisfied that any person so nominated for appointment, or appointed, shall be suitable for appointment by reason of his or her possessing knowledge of, and experience in, matters connected with the objects and functions of the College so as to enable him or her to make a substantial contribution to the effective and efficient performance of those functions;

(b) the Provost;

(c) five internal members (other than the Provost) appointed by the Board;

(d) three student union representatives appointed by the Board; and

(e) such further number of members who are Fellows of Trinity College, appointed by the Board, provided that the number of external members (including the Chairperson) of the Board shall comprise not less than 40 per cent of its membership.

(3) In performing its functions under this Supplemental Charter, the Board shall have regard to the objective that not less than 40 per cent of its members shall be women and not less than 40 per cent of them shall be men and that the membership of the Board shall broadly reflect the composition of Irish society, including persons who are competent in the Irish language.

(4) The selection, election, nomination and/or appointment of members of the Board shall be carried out in accordance with regulations made by the Board with the approval of the Minister.

THIS SUPPLEMENTAL CHARTER HAVING BEEN MADE BY THE BOARD OF THE COLLEGE, IS:

Signed and sealed on its behalf

7 October 2022

LINDA DOYLE,

Provost

JOHN COMAN

Secretary to the College.

AND IS HEREBY SUBMITTED BY THE BOARD TO THE GOVERNMENT FOR RECOGNITION PURSUANT TO SECTION 31 OF THE UNIVERSITIES ACT 1997,

DATED this 7th day of October 2022.

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GIVEN under the Official Seal of the Government,

15 November, 2022.

MICHEÁL MARTIN,

Taoiseach.

1 A Bill at the time of the making of this Supplemental Charter.