Legislation

The Universities Act 1997 (1997 Act) sets out the objects and functions of universities and provides for key aspects of governance and accountability.

 It includes specific provisions for the constitution of key university bodies such as governing authorities and academic councils and provides for their powers and functions. It describes the role and functions of the President as Chief Officer of a university and it makes specific provisions relating to staff, planning and financial scrutiny and reporting of universities. On financial matters, it sets out a university’s right to determine and charge fees and the requirements for universities in relation to setting budgets and financial reporting.

 The 1997 Act also includes important provisions in relation to strategic planning, quality assurance, equality, including gender equality and access to university education.

 The 1997 Act recognises the institutional autonomy of universities by protecting a university’s right to ‘regulate its affairs in accordance with its independent ethos and traditions’, and it protects the right and responsibility of Irish universities to preserve and promote academic freedom at an organisational level. It also protects the academic freedom of individual academic staff members, within the law.  

The Higher Education Authority Act 2022 (the 2022 Act) was enacted in October 2022. It amends and updates some of the provisions of the Universities Act 1997. It also provides for changes and updates to the functions and governance of the Higher Education Authority - An tÚdarás um Ard-Oideachas - and sets out how the HEA oversees higher education institutions.

Amendments to the Universities Act 1997 – composition and functions of Údarás na hOllscoile as Governing Authority

The HEA Act 2022 includes amendments relating to the size, composition and key functions of governing authorities in the higher education sector. In University of Galway the Governing Authority is known as Údarás na hOllscoile.

Údarás na hOllscoile is charged with the overall governance of University of Galway. It is responsible for overseeing the effective management and performance of the University and it provides active strategic direction and leadership to enable the University to succeed in its mission of education and research.

Under the HEA Act 2022, the size of Údarás na hOllscoile has been reduced from 40 to 19 members. The Act provides for the Governing Authority to have at least 40% gender balance and to be reflective of Irish society, including competence in the Irish language.

The membership of Údarás na hOllscoile is as follows:

• An external Chairperson, appointed by Údarás na hOllscoile ​
• The Chief Officer​ (President of the University)
• 9 external members, appointed by Údarás na hOllscoile - including 3 Ministerial nominees​
• 5 internal members, appointed by Údarás na hOllscoile
• 3 Student Union members, appointed by Údarás na hOllscoile.

Further details on the members of Údarás na hOllscoile is available to download is available to download here.

The 2022 Act also includes provisions to strengthen the accountability of university governing authorities for promoting the success (including academic success) and reputation of the university and for ensuring that appropriate systems, procedures and practices are in place for the internal performance management and accountability of the university.

Functions and governance of the Higher Education Authority

The 2022 Act provides for the HEA to support effective governance of higher education institutions and to measure and assess their performance. It also gives the HEA a menu of specific powers for use if there is a governance or performance concern relating to a particular higher education institution. These powers range from administrative remedial measures to withholding or reducing State funding in certain circumstances.

Other provisions

Other key provisions in the HEA Act 2022 set out requirements which provide for better engagement with students and equity of access to higher education and lifelong and flexible learning.

The Qualifications and Quality Assurance (Education and Training) Act 2012 is the legislation underpinning the governance of quality assurance for academic provision in Ireland. The legislation established Quality and Qualifications Ireland (QQI) as the body which validates programmes of higher education and training.

QQI maintains the National Framework of Qualifications. The National Framework of Qualifications is a system with ten levels which is used to describe qualifications in the Irish education and training system. University of Galway is authorised by law to make academic awards (e.g. undergraduate and postgraduate degree awards) and is obliged under the 2012 Act, to ensure that each award that it makes is recognised within the National Framework.

In addition to the legislation specific to the University and the higher education sector, we must also comply with the national legislation in force in relevant areas, including but not limited to equality, diversity and inclusion, data protection, freedom of information, ethics in public office, employment rights and protected disclosures.