The National CollegeOn the succeeding pages, the College's initial information under the Act is included. This is draft information and will be updated during the course of October to bring us fully into line with the requirements of the Act.
Freedom of Information
1] Introduction
The Freedom of Information Act, 1997 (FOI), establishes three new statutory rights:
- a legal right for each person to access information held by public bodies;
- a legal right for each person to have official information relating to her/himself amended where it is incomplete, incorrect or misleading;
- a legal right to obtain reasons for decisions affecting oneself.
The Act asserts the rights of members of the public to obtain access to official information to the greatest extent possible consistent with the public interest and the right to privacy of individuals.
This manual is prepared in accordance with the publication requirements set out in Section 15 of the Act. Its purpose is to facilitate access to official information held by the College by outlining the structure and functions of the College; details of the services we provide and how they may be available; information on the types of records we hold and information on how to make a request to the College under the Freedom of Information Act, 1997.
2] Routinely Available Information
The College currently makes information routinely available to the public in relation to its functions, activities and schemes. Such information will continue to be available informally without the need to use the FOI Act. And information is also available on the College's website at http://www.ncad.ie. This manual highlights, in relation to each of the College's activities where information of this nature is available.
The FOI Act is designed to allow public access to information held by public bodies which is NOT routinely available through other sources. Access to information under this Act is subject to certain exemptions and involves specific procedures and time limits. This manual provides a guide to the structure of the College so as to help you access information under the FOI Act.
3] How to Get Information
3.1 Applications under the FOI Act
Under the FOI Act anyone is entitled to apply for access to information not otherwise publicly available. Each person has a right to:
- access to records held by the College;
- correction of personal information relating to oneself held by the College where it is inaccurate, incomplete or misleading;
- access to reasons for decisions made by the College directly affecting oneself.
The following records come within the scope of the Act
- all records relating to personal information held by the College irrespective of when created;
- all other records created from commencement date, i.e. 21 April 1998;
- any other records necessary to the understanding of current records;
- personnel records of serving staff created from 21 April 1995 and those created prior to that date where being used or proposed to be used in a way which adversely affects or may affect the person involved.
The College is obliged to respond to a request for information under this Act within four weeks.
Applications for information under the FOIA should be addressed to:
FOIA Manager, National College of Art and Design, 100 Thomas Street, Dublin 8,
t. (01) 636 4200, f (01) 636 4207,
e. freedomofinformation@ncad.ie.
Applications should be in writing and should indicate that the information is sought under the Freedom of Information Act. If information is desired in a particular form, i.e. photocopy, computer disk, etc., this should be mentioned in your application. Please give as much detail as possible to enable the staff of the College to identify the record. If you have difficulty in identifying the precise record which you require, a Freedom of Information Officer will be happy to assist you in preparing your request.
3.2 Rights of Review and Appeal
The Act sets out a serious of exemptions to protect sensitive information where its disclosure may damage key interests of the State or third parties. Where the College invokes these provisions to withhold information, the decision may be appealed. Decisions in relation to deferral of access, charges, forms of access, etc., may also be the subject of appeal. Details of the appeals mechanism are as follows.
3.3 Internal Review
You may seek internal review of the initial decision that was carried out by an official at a higher level if:
(a) you are dissatisfied with the initial response received, i.e. refusal of information, form of access, charges, etc., or
(b) you have not received a reply within four weeks of your initial application. This is deemed to be a refusal of your request and allows you to proceed to internal review.
Requests for internal review should be submitted in writing to:
FOIA Manager, National College of Art and Design, 100 Thomas Street, Dublin 8,
t. (01) 636 4200, f (01) 636 4207, e. freedomofinformation@ncad.ie.
Such a request for internal review must be submitted within four weeks of the initial decision. The College must complete the review within three weeks. Internal review must normally be completed before an appeal may be made to the Information Commissioner.
3.4 Review by the Commissioner
Following completion of internal review, you may seek independent review of the decision from the Information Commissioner. Also, if you have not received a reply to application for internal review within three weeks, this is deemed to be refusal and you may appeal the matter to the Commissioner.
Appeals in writing may be made directly to the Information Commissioner at the following address:
Office of the Information Commissioner, 18 Lr Leeson Street, Dublin 2,
t. (01) 678 5222, f (01) 661 0570, e. FOI@ombudsman.irlgov.ie.
4] Fees
Fees may be charged as follows:
In respect of personal records, fees in respect of the cost of copying the records requests will not apply, save where a large number of records are involved - in respect of other (non-personal) information fees may be charged in respect of the time spent in officially locating and copying records. No charges may apply in respect of the time spent by public bodies in considering requests.
- Section 47 of the Freedom of Information Act, 1997, provides for fees. Fees are currently set as follows in accordance with Statutory Instruments Nos. 139 of 1998 and 13 of 1997:
- IR£16.50 (€17.14) per hour - search and retrieval
- 3p (€3.8) per sheet for a photocopy
- 40p (€50.8) for a 3.5" computer diskette
- IR£8.00 (€10.16) for a CD Rom
A deposit may be payable where the total fee is likely is exceed IR£40.00 (€50.8). In these circumstances the College will, if requested, assist you to amend the request so as to reduce or eliminate the amount of the deposit.
Charges may be waived in the following circumstances:
- where the cost of collecting and accounting for the fee would exceed the amount of the fee;
- where the information would be of particular assistance to the understanding of an issue of national importance; or,
- in the case of personal information where such charges would not be reasonable having regard to the means of the requester.
5] Rules and Practices - Section 16 Reference Book
To be completed
6] Mission Statement
The College's mission statement is to provide educational excellence through undergraduate, postgraduate and life-long learning programmes and research facilities for students to realise their individual creative potential to learn to design responsibly and to seek to improve the quality of life globally.
The College fulfils its mission by ensuring the highest-quality education in the fine arts, design and art education, and preparing students in the broader community to be creative and responsive to the needs of a global society.
7] Structure and Organisation
7.1 Introduction
This section provides a summary of the structure and organisation of the College. In the academic year 2000/2001 the College had 781 students of whom 72 were postgraduate. The College operates from one campus in Thomas Street, Dublin 8.
7.2 Organisational Structure
7.3 Role of An Bord
While the College has its origins in the mid-eighteenth century with the sponsorship of the Royal Dublin Society (RDS), its present form and structure derives from the National College of Art and Design (NCAD) Act of 1971. This Act lays down the terms of reference, functions and responsibilities of An Bórd. The members of An Bórd are a chairman and such number, (not less than eight and not more than ten), of whom one is the Director, as the Minister may from time to time determine. Of these, two are nominated by the staff and two nominated by the students and the balance is chosen by the Minister. The term of office of members, other than the Director, is three years at any one time, but not more than six successive years.
The detailed functions of An Bórd are laid out in Section 5 of the Act. The Chairman of An Bórd is nominated for appointment by An Bórd from amongst the members, excluding the Director and the staff and student representatives. The appointment is made by the Minister for Education. An Bórd adopts its own procedures subject to certain requirements of the Act.
An Bórd is charged with the management of the College and the organisation and administration of its affairs. The Director is the Chief Officer of An Bórd and is charged with the control and direction of the staff and students of the College and the activities of the College subject to the authority of An Bórd.
The second Statutory Officer of An Bórd, though not a member of An Bórd, is the Registrar who acts as Registrar and Secretary of the College and keeps the accounts of An Bórd.
The procedures for the selection of persons for appointment as whole-time officers of An Bórd is determined by An Bórd with the approval of the Minister.
An Bórd has power to appoint committees. The terms of such appointments are contained in the National College of Art and Design (NCAD) Act, 1971.
7.4 Academic Committees
The academic structure includes an academic council, faculty boards, departmental boards, with student as well as staff representation.
The Terms of Reference for Academic Council are as follows:
1. The Academic Council shall assist An Bórd in the planning, co-ordination, development and overseeing of the educational work of the College.
2. Without prejudice to (1) above, Academic Council shall have the following particular functions:
(a) to recommend the design, development and implementation of appropriate programmes of study for consideration and approval,
(b) to make recommendations to An Bórd for the establishment of appropriate structures to implement the programmes of study referred to in paragraph (a) of this sub-section,
(c) to make recommendations to An Bórd on programmes for the development of research,
(d) to make recommendations to An Bórd for the selection, admission, retention and exclusion of students generally,
(e) to make, subject to the approval of An Bórd, and to implement, the academic regulations of the College,
(f) to propose to An Bórd the form of regulations to be made by An Bórd for the conduct of examinations, and for the evaluation of academic progress,
(g) to make recommendations to An Bórd for the award of fellowships, scholarships, bursaries, prizes or other awards,
(h) to make general arrangements for tutorial or other academic counselling,
(i) to exercise any other functions, in accordance with the provisions of the Act, which may be delegated to it by An Bórd, and,
(j) to implement any regulations which may be made by An Bórd concerning any of the matters aforesaid.
3. The Academic Council, with the approval of An Bórd, may:
(a) establish such and so many committees, consisting either wholly or partly of persons who are not members of the College, as it thinks proper to assist the Academic Council in the performance of its functions under the Act, and
(b) determine, subject to the provisions of the Act, the functions of any committee established under paragraph (a) of this sub-section.
4. The acts of a committee established under sub-section (3)(a) of this section shall be subject to confirmation by An Bórd unless An Bórd dispenses with the necessity for such confirmation.
5. Subject to the provisions of the Act and to the directions of An Bórd, the Academic Council may regulate its own procedure.
6. The Director will chair meetings of Academic Council.
Other Committees under the Academic Structure:
1. Faculty Boards (Education, Design, Fine Art, Visual Culture).
These boards discuss, formulate and approve academic policy of the Faculties, supervise its implementation and advise Academic Council. In addition, the Department of First Year Core Studies and the Centre for Continuing Education and Educational Research (CEER) also have regular meetings which advise Academic Council.
2. Examination Boards:
There are two Examination Boards, one to deal with results for those students who are pursuing their studies under the National Council for Educational Awards regulations and those who are pursuing their studies under the National University of Ireland regulations. The latter regulations apply to all students who are entering the College for the first time to the 1st Year of study in the academic year 1999/2000. All other students are under the NCEA. This will change year by year as the NCEA award is gradually phased out and the NUI one gradually phased in to all years of study.
The Director chairs the Examination Board for students pursuing studies under the National Council for Educational Awards and he co-chairs the National University of Ireland Examination Board with the Registrar of UCD, Dr Caroline Hussey.
3. Examination Appeals Committee:
This committee, with representation from An Bórd, Academic Council, staff and student bodies, hears and decides on appeals made to it by students against the results of examinations.
4. Standing Committee on Postgraduate Studies:
This committee reviews applications for Masters Degrees (Mode A) and seeks to develop postgraduate taught courses (Mode B). The Director chairs these meetings. All submissions for postgraduate awards are then brought to the Steering Committee of the National University of Ireland and from there, through the Registrar of the National University of Ireland, to the Senate of NUI for formal approval.
5. Steering Committee of National University of Ireland:
This committee has been set up to examine three times each year any problem areas that are arising from the College being a recognised college of the NUI. The committee can consider any issues but in particular it considers applications to the College which may not meet the NUI strict requirements, postgraduate submissions and any other academic problems that surface which may have a bearing on our relationship with the National University of Ireland.
Membership of the committee is: Dr John Nolan, Registrar, NUI; Ms Attracta Halpin, Assistant Registrar, NUI; Dr Caroline Hussey, Registrar, NUI Dublin; Professor Noel Sheridan, Director, NCAD; Mr Ken Langan, Registrar, NCAD.
6. Non-Academic:
- Informal Senior Management group meets regularly (usually once monthly) during term.
- Exhibitions Committee to deal mainly with the end-of-year exhibitions.
The Director chairs these meetings.
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