Kate Walsh (Progressive Democrats)

I am honoured to speak on the Bill in the presence of the Minister of State, Deputy de Valera, and her officials. On Second Stage in the other House, my party colleague, Deputy Fiona O'Malley, set out the broad view of the Progressive Democrats on this welcome legislation. As a result, I will focus on specific points.

I often hear reference to international comparisons as to how Ireland is faring versus what is happening abroad. Regularly, for example, OECD comparisons are mentioned on the Order of Business and I am reassured that we are modernising and reforming the higher education sector on the basis of the OECD review of higher education in Ireland. That reform process means transferring responsibility for the day-to-day management of the institutes of technology sector from the Department of Education and Science to a reconstituted Higher Education Authority.

Few, if any, will oppose the objectives of the Bill. It is right that we develop a strategic approach to higher education within a unified policy. It is also desirable that we gradually increase the academic and managerial freedom given to our excellent institutes of technology. It is on the issue of academic freedom I wish to concentrate. I am aware the Minister will have heard on Committee and Report Stages of concerns regarding section 13. For the benefit of the House, I will summarise the issue.

Section 13 refers to security of tenure for staff in the institutes of technology, specifically to future employees. Under the Bill, future institutes of technology staff will no longer have the precise measures of secured tenure enjoyed by, say, staff in universities. The fear is that, as a consequence, institutes of technology staff will feel downgraded vis-À-vis university staff, will feel their academic freedom is curtailed and will feel impeded in speaking out on specific issues, particularly in an era of increased private funding of third level education.

The decision to resist amendment to this section is based, as I understand it, on a combination of the following points — that adequate protection exists in the wider context of employment legislation; that section 7 provides institutes of technology not just with the right but with the responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its affairs; and that section 7 provides institutes of technology staff, irrespective of their tenure, with the freedom, within the law, to question and test opinion or practice, to put forward new ideas and to state controversial or unpopular opinions without fear of disadvantage or less favourable treatment by the college for the exercise of that freedom.

Notwithstanding these issues, I have committed to asking the Minister to set out to this House the Government's explicit assurance that section 13 cannot and will not have the negative consequences for institutes of technology staff that I outlined earlier. Perhaps section 13 could be amended to ensure it is subject to section 7. I respectfully invite the Minister to provide that reassurance or otherwise.

The institutes of technology, their staff and students continue to play a massive role in sustaining and progressing Ireland's renowned educational status. The Progressive Democrats have special regard for their role and contribution. As a party dedicated to the pursuit of system-wide collaboration and maximising potential by applying the collective strengths of our third level institutions, we welcome this reforming legislation.