Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Deputies Conway-Walsh and Ó Ríordáin for their engagement on this topic. I am not in a position to accept the amendments but I will clarify why and let the Deputies know of the work we have done. This Bill does not affect the autonomy or academic freedom of universities or any other higher education institution. I would defend to the death the importance of academic freedom in any democracy. It is a cornerstone of higher education and at all times during the development and drafting of the legislation the autonomy and academic freedom of institutions has been and remains a key principle. This has been considered, checked and double-checked on each Stage.

Academic freedom is provided for under section 14 of the Universities Act, section 10 of the Technological Universities Act and section 5A of the Institutes of Technology Acts, 1992 to 2006. The Bill does not amend those provisions in relation to academic freedom.

The objects of the Bill include a specific provision on academic freedom, stating: "An tÚdarás shall have regard to the following objects in performing its functions" and then subsection (f) states: "to respect the academic freedom of higher education providers and academic staff in those providers". Given that the provision exists clearly in legislation and in this Bill relating to academic freedom, I do not believe, having had discussions with drafters as we put together the Bill, there is a requirement for any other provision on that subject. Academic freedom will not be in any way adversely impacted by any element of this Bill.

There is also a provision in the objects of the Bill, it is important to say, regarding autonomy of designated institutions of higher education. The Bill states: "to acknowledge the responsibility of designated institutions of higher education for the performance and governance of those institutions".

Amendment No. 18 proposes to include a new function of the HEA "to freely express its views on matters concerning the higher education sector”. It is important that the HEA can freely express its view and there is nothing in the Bill to preclude the authority freely expressing its views on matters concerning the higher education sector. Section 14 provides that the HEA may provide advice to the Minister on any matter related to the performance of its function. This section also provides that the HEA shall provide advice as requested by the Minister. The functions of the Bill, in section 9(o), provide that the HEA shall advise the Minister on national policy on higher education, in accordance with section 14.

I have given strong consideration to this because these are issues we have a shared commitment to. I do not think anyone would question anybody's bona fides on this. We have given a lot of consideration to this in drafting this legislation and in advance of Report Stage and are satisfied that academic freedom and autonomy, as envisaged by the Deputies, are protected explicitly in the Bill and in all relevant sectoral legislation.

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