The Coláistí Samhraidh na hÉireann is a representative body for Irish language summer schools in the Gaeltacht. The representative body seeks to promote: Administrative Law Assignment, UCD, Ireland

The Coláistí Samhraidh na hÉireann is a representative body for Irish language summer schools in the Gaeltacht. The representative body seeks to promote professional standards across all Irish language summer schools. The CSE was established as a company limited by guarantee in 1958. The CSE is not a statutory body and receives no funding from the State.

The Summer Schools Act 2022 established a certification scheme for the teaching of Irish in summer schools. Under the 2022 Act, all Irish language teachers in summer schools are obliged to sit and pass an exam accredited by the Minister for Education so as to obtain a special Level 6 qualification in Irish. Only Irish teachers who have this qualification are permitted to teach Irish in Irish summer schools.

Any Irish language summer school that employs an Irish language teacher without it may be subject to summary prosecution and may be fined up to €10,000. Similarly, an Irish teacher who teaches without the qualification may also be subject to summary prosecution and may be fined up to €5,000.

Currently, the CSE is the only body in the State that offers a Level 6 qualification in Irish accredited by the Minister for Education. All students sitting CSE’s Level 6 exam must sign a form to confirm that they have read, understood, and will abide by the examination rules of the CSE. All students are provided with a copy of the CSE’s examination rules in advance of the exam.

Five weeks ago, Máire Murphy sat her Level 6 exam in Irish with the CSE. During the exam, an invigilator discovered concealed notes in Máire’s pencil case. The invigilator reported the incident to the CSE’s head of examinations, Registrar Micheál Ó Coileáin, who commenced CSE’s disciplinary procedure against Máire. Máire was summoned to appear before the CSE’s Disciplinary Committee to answer an allegation that she had cheated in the exam.

Following the disciplinary meeting, Máire was notified by Registrar Micheál Ó Coileáin that the Disciplinary Committee had decided that Máire:

• Had cheated during the Level 6 exam in Irish;
• Is deemed to have breached CSE’s examination rules
• Is deemed to have failed the Level 6 exam in Irish; and
• Will not be permitted to retake the exam for 5 years.

This morning, the Chairperson of the Disciplinary Committee received a letter from Máire’s solicitors. The letter states that the decision of CSE’s Disciplinary Committee was made in breach of the principles of natural justice. It further states that unless the Disciplinary Committee immediately reverses its decision, Máire’s solicitors will institute proceedings for judicial review.

You have been asked by the CSE for legal advice. With reference to case law, advise the Chairperson of the Disciplinary Committee whether that committee’s decision with respect to Máire’s alleged cheating is amenable to judicial review.