Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank the Deputies. To be very clear, academic freedom is something on which we are all agreed. It becomes more important by the day. To be very clear in relation to democratic values and everything else, academic freedom is the law of our land and remains so. There is nothing in this Bill that in any way dilutes, modifies or changes the reality that academic freedom is fully and robustly defended and legislated for in this country. I want to state categorically that this Bill does not affect the autonomy or the academic freedom of a university or any other higher education institution. I do not think anyone can say this is a rushed Bill. The process has gone on for a number of years. There has been a lot of engagement and consultations with stakeholders, as is right and proper, to get this right. At all times during the drafting and development of the legislation, protecting the autonomy and academic freedom of institutions was a key principle that was considered to ensure it would not be affected. While I alluded earlier to the improvements we have made to the Bill by working together, I wish to be very clear that academic freedom is not something that was in any way missing or absent from the Bill. Indeed, long before the Bill was even drafted, the key principle of academic freedom and institutional autonomy was protected.

Academic freedom is specifically provided for in section 14 of the Universities Act 1997, section 10 of the Technological Universities Act 2018 and in section 5A of the Institutes of Technology Acts 1992 to 2006. This Bill does not amend those provisions relating to academic freedom. They come with us, as it were. In addition, the objects of the Bill include a provision on academic freedom. According to section 8(1)(f), in performing its functions, An tÚdarás shall have regard to the object of respecting "the academic freedom of higher education providers and academic staff in those providers".

As Deputy Ó Ríordáin has suggested, it is important to protect the freedoms of academic staff. Given there is already provision in the sectoral legislation which comes with us as we pass this Bill, and considering the reference relating to the objects, we are categoric in our view, and on the basis of legal advice we have taken, that academic freedom will not be affected, diluted, modified in any way, shape or form by this Bill.

There is also a provision in the objects of the Bill on autonomy, which is interlinked somewhat, relating to designated institutes of higher education, "to acknowledge the responsibility of designated institutions of higher education for the performance and governance of those institutions". While we are trying to get the balance right around transparency and accountability in some of the issues we were discussing, the autonomy of the institutions is very clearly recognised and protected in the provisions on the objects of the Bill.

I should also say that section 37 relates to a funding framework for all designated institutions of higher education. It relates to the schemes and programmes run by the Higher Education Authority, HEA, with the use of public funds, and not the courses run by higher education institutions, HEIs. Therefore, in relation to amendment No. 99, it would not be appropriate to include provisions in legislation around courses and student numbers. However, such a provision may, and indeed, one would imagine will be, included the performance agreement by the institutions and the HEA.

I genuinely accept the bona fides of Deputies Ó Ríordáin and Conway-Walsh, the Labour Party and Sinn Féin on this issue, but I am very satisfied that academic freedom is protected in the legislation.