English language schools win accreditation challenge

Two English-language schools catering for non-EU students have successfully challenged new government accreditation requirements.

Academic Bridge Ltd and the National Employee Development Centre Ltd, both based in Dublin and employing a total of 17, claimed they could be put out of business under a system that was due to come into operation this month, as the regulations will limit their ability to recruit non-EU/European Economic Area students.

They claimed that last September, Frances Fitzgerald, the justice minister, announced changes to the accreditation system without the lawful power to do so.

They launched proceedings against Ms Fitzgerald and the Qualifications and Quality Assurance Authority of Ireland (QQI), which operates the system.

The system, which was due to come into force on January 1, was to be operated by the QQI under proposed legislation. In the meantime, Ms Fitzgerald set up an interim accreditation system whereby an “internationalisation register” was set up.

The schools acted after they failed to secure accreditation. They claimed the rules were too restrictive, and that Ms Fitzgerald had acted outside her powers and that the accreditation system has no basis in law.

The court previously heard the schools have been operating courses for students outside the EU/EEA and are in good standing with all the authorities.

Yesterday, Ms Justice Marie Baker said Ms Fitzgerald had “unduly fettered her discretion in limiting the set of bodies or persons that maybe eligible for inclusion on the interim list”.

She said the QQI had no power to operate or manage the system of accreditation for the purpose of admission onto that list. However, she said the QQI may have a contractual power to do so for a more limited and voluntary recognition scheme.

Ms Justice Baker adjourned the matter to later this week before making final orders in the case.

The Department of Justice said it and the Department of Education are examining the judgment, and that the Government would continue to implement reforms to maintain Ireland’s reputation as a high-quality destination for international students.

Both departments are to examine options for progressing the reforms in a manner consistent with the High Court ruling and without prejudice to a possible appeal.