Tuesday, July 19, 2011

Ruairi Quinn's private secretary continues the criminality

Many questions have been asked in the Dail about clear violations of the law of the land at DCU and other Irish universities, for example in the links from;

Here

In all cases since 2002, the response has come back that

"The Universities Act, 1997 confers autonomous statutory responsibilities
on universities in relation to the day to day management of their
affairs. The operational management and conduct of staff relations are
matters for each university, in accordance with Section 25 of the Act. "

This is actually wrong, as the act provides provision for the appointment of a high Court judge

" Where the Minister is of the opinion that there are reasonable grounds for contending that the functions of a university are being performed in a manner which prima facie constitutes a breach of the laws, statutes or ordinances applicable to the university, the Minister may, after first advising the governing authority of his or her opinion and considering any explanation given in response, and with the concurrence of the Government, request the Visitor to the university to inquire into any matter giving rise to the Minister's opinion."

This is in keeping with the traditional role of a visitor to handle these issues;

University Visitor

I am shocked but not surprised that, as Quinn engages in shadow-boxing with the Church, his private secretary prefers to continue the criminality. I append my recent correspondence with him

"


Ronnie

It is clear that you do know any of the critical legislation so I cite it for you below. In the meantime, statute no 3 of DCU has been thrown out by the High Court in Ireland, in a decision the Supreme court chose to uphold. You seem to be the only person not to have heard of that;


The finale of the Cahill case

Moreover, the SIPTU official in charge of the negotiations (Carmel Hogan) gave sworn evidence that she was NOT consulted, as required in the act, about statute no 3

So let's look at

The relevant section of the Universities act


20.—(1) Where the Minister is of the opinion that there are reasonable grounds for contending that the functions of a university are being performed in a manner which prima facie constitutes a breach of the laws, statutes or ordinances applicable to the university, the Minister may, after first advising the governing authority of his or her opinion and considering any explanation given in response, and with the concurrence of the Government, request the Visitor to the university to inquire into any matter giving rise to the Minister's opinion.
(2) If the Visitor is satisfied that there are reasonable grounds for the Minister's opinion, the Visitor shall inquire into the matters giving rise to that opinion and any related matter and report to the Minister on the results of the inquiry.
(3) A Visitor shall, for the purposes of this section, be entitled at all reasonable times to enter a university to inquire into the academic or other affairs of the university or to conduct an inspection of the university and its buildings, equipment and records where the inspection is, in the opinion of the Visitor, relevant to his or her inquiries.
(4) A Visitor shall be afforded all reasonable co-operation and facility by the university, its employees and its governing authority, including access to such buildings, equipment and records as the Visitor may require, to enable the Visitor to perform his or her functions under this section.”



The act, continued

“19.—(1) Where a university does not have a Visitor, the Government shall from time to time as the occasion requires, following consultation with the President of the High Court, appoint a Judge of the High Court, or a retired Judge of the High Court or the Supreme Court, to be the Visitor for the purposes of this Act. “

It is incumbent on Minister Quinn to appoint a visitor to fix this mess, not on me, or any other academic on whom this criminality is visited



Ventura Hall, Stanford University

----- Original Message -----
From: "Minister for Education & Skills"
To: "Sean O'Nuallain"
Sent: Monday, July 18, 2011 6:20:38 AM
Subject: RE: 1101818

Mr. Sean O'Nuallain
xxxx@Stanford.Edu

PLEASE QUOTE REF NUMBER ON ALL CORRESPONDENCE
Our Ref: 1101818

Dear Mr. O'Nuallain

I refer to your email correspondences to the Minister for Education and
Skills, Mr. Ruairi Quinn T.D.

The Universities Act, 1997 confers autonomous statutory responsibilities
on universities in relation to the day to day management of their
affairs. The operational management and conduct of staff relations are
matters for each university, in accordance with Section 25 of the Act.

Dublin City University is one such autonomous body under this
legislation and it has statutory responsibility for both its operational
affairs and the management of its staff.

The Department of Education and Skills therefore has no role in respect
of disciplinary matters relating to this University, nor does it have a
role in matters relating to any grievances which staff may have in
relation to either their intellectual property or their contracts of
employment.

In this context it would not be appropriate for the Minister to comment
upon the individual disciplinary issues raised in your correspondences
relating to Dublin City University.

I trust that this clarifies the matter for you.


Yours sincerely

Ronnie Ryan
Private Secretary"


Sean O Nuallain PhD, Ventura Hall, Stanford

19u Iuil, 2011

PS It turns out that Ryan is a hold-out from the notorious FF/PD 2002-2007 administration ans the perhaps worse FF/"Green" 2007-2011 administration. My senior labour party contact had never heard of him.

Quinn had better get rid of him

PS 7 u Feabhra 2012 I should of course had written "do not know" above

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