Institutions such as cathedrals and colleges are often overseen by Visitors. The recent decision of Horner J in In re CS [2015] NIQB 36 (30 April 2015) has reaffirmed many basic principles relating to the jurisdiction of University Visitors.
In Ireland, section 19 of the Universities Act, 1997 (also here) provides for Visitors for Irish universities. Hence, for example, in Trinity, the Visitors hear internal appeals against decisions of the Board and other bodies in College. If there is no such decision, the Visitors have no jurisdiction on this ground (Kelly v TCD [2007] IESC 61 (14 December 2007)). And, if they have jurisdiction, the hearing is not a review but a full appeal where they will look afresh at the matters in dispute and form their own views (R v Visitors to the Inns of Court, ex p Calder & Persaud [1994] QB 1, [1993] 2 All ER 876).
The exclusive jurisdiction of Visitors, rather than the courts, to make such internal determinations has been established by an unvarying line of authority from Philips v Bury (1694) Shower PC 35, (1694) 1 ER 24, [1694] EngR 11 (1 January 1694) (pdf) and Bracken v Visitors of the College of William & Mary 3 Call (7 Va) 573 (1790) [noted Bridge 20 Wm & Mary L Rev 415 (1979)], to Thomas v University of Bradford [1987] AC 795 (HL) (.doc) and R v Visitor of the University of Hull, ex p Page [1993] AC 682, [1992] UKHL 12 (03 December 1992). They are not bound to adopt any particular form of procedure, and their decisions are final (R (Varma) v HRH Duke Of Kent [2004] EWHC 1705 (Admin) (16 July 2004)).
In 2004, Part 2 of the Higher Education Act 2004 transferred the jurisdiction of Visitors over the grievances of students in England and Wales to the Office of the Independent Adjudicator (OIA). However, this does not apply in Northern Ireland, and a case involving the Visitor to Queens University Belfast (QUB) has recently had occasion to determine the nature of the Visitors’ jurisdiction.
In the UK, section 104 of the Sexual Offences Act 2003 permits a court to make a Sexual Offences Prevention Order (SOPO) for the purpose of protecting the public or any particular members of the public from serious sexual harm from the defendant in respect of whom the SOPO is made. In In re CS [2015] NIQB 36 (30 April 2015), the applicant had been convicted of five counts relating to indecent images of children and was made subject to a 5-year SOPO. QUB therefore withdrew him from the university for the duration of the SOPO, after which period he could apply to QUB for re-admission. He sought judicial review of the university’s decision, on the grounds that the passing of the Human Rights Act 1998 effected a sea change in the power of the courts to review decisions of the Visitors. A similar argument as to the effect of the Convention on university decisions, in the context of an academic rather than a disciplinary decision, had failed in In re Croskery [2010] NIQB 129 (noted here)), and it was unsurprising that the claim in CS also failed. It did so for two reasons. First, the challenge was premature, as all of the internal remedies had not been exhausted (compare Kelly v TCD (above)). Second, Horner J reaffirmed the exclusive jurisdiction of Visitors in such circumstances, subject to four exceptions, by which judicial review could be available when Visitors exceed jurisdiction, abuse powers, breach the principles of natural justice, or fail to protect the rights a party enjoys under the European Convention of Human Rights. And none of these exceptions – in particular, breach of the ECHR – was made out.
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Last week, under the title Some third level legislation envisaged in the Brief to the incoming Minister for Education, I wrote about the legislative priorities of the Department of Education and Skills, as set out in the Brief (pdf) to that department’s incoming Minister. This post is by way of a short update. As I pointed out in yesterday’s post, the Government’s newly-published Legislation Programme (pdf) sets out the legislation that the Government will seek to publish over the next few months. There are eleven priority Bills for publication this session; there are four Bills expected to undergo pre-legislative scrutiny this session; and there are 17 Bills currently on the Dáil and Seanad Order Papers (including the Technological Universities Bill, as discussed by Steve Hedley on Ninth Level Ireland). This will keep the government and both Houses of the Oireachtas busy in the short term.
