A senior lecturer in Galway university has lost a High Court attempt to overturn the decision of the university's language examination board, An Bord Gaeilge, that she was not competent to discharge, through the Irish language, the duties of the post of vice-president of research at the college.
The examination is not compulsory but is designed to uphold the use of the Irish language throughout the university.
Of three candidates for the post of vice-president of research, two, including the applicant Dr Patricia Morgan, sat the exam while one, Prof Roy Green, who was ultimately the successful applicant for the research post, did not.
An Bord Gaeilge found neither Dr Morgan, a former dean of science, nor the second candidate who sat the exam, were competent to discharge the duties of the post through Irish.
The university authorities unanimously adopted the report of an assessment board as to the suitability of the candidates in all other respects but the Irish language qualification. The assessment body held that only Prof Green and Dr Morgan were suitable for the post and voted four to three in favour of Prof Green. In her proceedings, Dr Morgan noted that she had taken the Irish language test four times previously and was successful on all four occasions.
In a reserved judgment yesterday, Mr Justice Thomas Smyth said he was satisfied there was evidence on which An Bord Gaeilge could come to the decision it did.
He said the decision was not an unreasonable one, however disappointed Dr Morgan was with it. Having exercised its special skill in a strictly limited area, it was not open to challenge the board's decision within the structure of the university.
He said the problems arose from that part of the process referable to the Irish examination and in particular that element of it conducted orally. The candidates who elected to take the examination were given a choice to write one of six essays. The oral Irish permitted a candidate to discuss briefly one of the other essays or to have a short conversation, cómhra, on a subject chosen by the board.
Dr Morgan had said she was very surprised that the cómhra on this occasion was on the essay she had written. This was the first time this had happened and she did not consider it to be a cómhra.
She understood that the document outlining "Recommendations for the standard and form of Irish language examination for candidates" applying for teaching posts would be followed.
Mr Justice Smyth said the university drew Dr Morgan's attention to an express provision in university statutes that An Bord Gaeilge "shall in regard to each candidate who presents for examination in Irish find as a fact whether or not (s)he is competent to discharge the duties of the particular post through the medium of Irish and shall embody such finding in its report".
Another provision stated that the faculties, academic council, the president and board of the university "shall conclusively accept said finding of the board and shall not question or review same but shall be absolutely bound thereby".
It did not follow, because Dr Morgan had been found competent in Irish for other posts in the past, that she was so competent in relation to the post of vice- president of research, the judge said.
Dr Morgan, having opted for cómhra, had apparently engaged in a discourse concerning general academic matters and research. In the judgment of the board, she was unable to communicate her knowledge in the oral Irish interview.
He was satisfied that An Bord Gaeilge did observe fair procedures, but unfortunately Dr Morgan had failed in the communication skills envisaged in college recommendations for the standard form of Irish language examination.