Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

Deputies Thomas Byrne, Catherine Martin and Funchion propose to insert “or a student” after staff regarding academic freedom. The principle of academic freedom is a defining characteristic of high-quality higher education and research across the world. The Bill rightly ensures academic freedom will apply in technological universities in the same manner as it applies in universities. However, it is understood internationally that academic freedom applies to the academic staff of higher education institutions. Both this and the Universities Act 1997 reflect that understanding. Extending academic freedom to students would put technological universities in a different position from their peers, both within the State and internationally. It is believed this would not be appropriate.

In addition, the whole doctrine of academic freedom is based on protecting the security of employment of academics’ tenure. As students are not employees, their time in a higher education institution is, by definition, limited. There are appropriate policies in place in institutions to protect students. There are separate policies and procedures which govern students’ rights to expression and to offer them protection in this regard. This includes the right of free expression. Any claim that this right is being restricted or the fear that voicing a contrarian opinion would invite academic retribution can be better challenged through the existing charters and policies which set out a detailed process for consideration and redress where necessary. Such policies and processes have already been agreed with student representatives at local level and have been adopted formally by each of the academic councils.

Amendment No. 54 relates to the suspension or dismissal of a member of staff of a technological university. This is drafted in accordance with similar provisions which apply to universities, institutes of technology and the Dublin Institute of Technology under the relevant legislation. It provides that a technological university may suspend or dismiss a member of staff only in accordance with procedures established, following consultation with the relevant trade unions and staff associations.

The purpose of amendments Nos. 151 and 152 is to mirror the provisions contained in the Water Services Act 2014 and the Roads Act 2015, which relate to the terms and conditions of service of staff members. This wording was sought and agreed with the trade unions and stakeholders during the consultation process.