Madam, - In her column of February 8th Mary Raftery suggested that the review of allegations relating to University College Cork was unsatisfactory and argued for the appointment of a visitor.
The article raises the wider issue as to whether due process and the public interest are best served by this kind of public comment on a leaked report. Leaving that aside, the article was misleading.
A visitor can be appointed to a university only after a number of hurdles are crossed - hurdles put in place to protect university autonomy. First, the Minister must believe on reasonable grounds that a university is acting illegally. A Minister could hardly reach that view solely on the basis of uncorroborated allegations.
The appointment of a person to review the allegations is reasonable due process in establishing if that first hurdle has been crossed.
UCC did not "control the selection" of Mr John Malone. The university and the Higher Education Authority agreed a process to review the allegations. Mr Malone was appointed following consultation with the HEA. The HEA has full confidence in his independence and expertise.
A visitor has no powers to "force compliance". The powers are to enter a university, inspect records, etc, and be given all reasonable co-operation. The HEA is satisfied that, as part of the agreed process, Mr Malone was given access to all relevant records and all relevant persons co-operated fully with him - except, as noted by Ms Raftery, the author of the allegations.
The governing body will now consider his report and refer it to the HEA with their views. The HEA will, in turn, advise the Minister.
The HEA takes very seriously its role in ensuring that there are "strong, clear and open mechanisms of oversight and accountability" in universities. The process put in place by the Governing Body of UCC, and agreed by the HEA, is a demonstration of the commitment to such mechanisms by the university and the HEA. - Yours, etc,
GERRY O'SULLIVAN, Head of Information, Higher Education Authority, Shelbourne Road, Dublin 4.