Rónán Mullen (Independent) | Oireachtas source

The Senator has never been better than he is now.

I thank the Minister for his considered and, indeed, considerate response to my amendment. He raised two points. The first recognised the validity of the question posed, namely, whether an equality statement should be in the legislation or if it should be an option of an t-údarás to produce a code, policy or guideline on the matter. I will make the point that this is a very important issue. The reason the production of an equality statement is required directly in legislation is in a way, I presume, because it is too important to be left - I will not say at the whim because I do not want to suggest the board or its CEO do not take their duties very seriously - to the question of whether they might opt to produce a code, guideline or policy. There is a further question underlying many of our concerns about the requirements and scope of the CEO to take certain actions. What if there is a CEO who is not strong on this area? This is partly why we are also concerned to ensure the CEO has the approval of the board for certain important decisions.

The question of academic freedom of students is too important not to be in the covering legislation.The issues are emerging and are emerging now. They are not just possible issues; they are real, as I said in the context of the freedom and safety of students and staff coming from abroad. I am referring to students, in particular. In the times in which we live, there is a perception that people are not as free to engage in free and open inquiry as we might hope in a democracy. It is important that the Government take a position on that and say we now need to unpack the question of academic freedom. The Minister rightly says people understand the matter to be about academics being free in their academic areas, but I am saying that academic freedom, if it is to make sense, is freedom of academic pursuit and therefore must apply to students. It is too important not to be in the legislation. That is the first point.

The second point concerns whether it ought to be under the heading of the equality policy — Senator Higgins does not agree with me that it would work there — or somewhere else. Once it was in the legislation, I would not greatly mind, but I insist that academic freedom of students is a question of equality. It is also a question of quality. Let us say somebody wants to depart from perceived wisdom on, say, climate change in an extended essay or thesis for a Master's degree or PhD. Do we want that to be possible in a university? I do but not because I might agree with where the student or postgraduate is coming from. The student would be subject to the standards on the assessment of his or her work. To be able to go there is vital. It is what we want our universities to do. They protect us, in the way the Parliament is supposed to protect us in other ways, by allowing this inquiry. That, at its core, is an equality question. Are people to be free in the pursuit of ideas, the development of theories, research and so on? It is an equality question. I insist on that to Senator Higgins. It is not about subtracting from equality thinking. Equality thinking expands to include the fundamental equality of students, one to another, to pursue ideas, research and so on. Of course, I am also stressing that it is an issue of quality because, if it is not possible in higher education, the students will be the poorer for it, and the poorer will be the Irish educational and academic product. I ask the Minister to consider putting the provision in the legislation. I defend the idea that it goes to the issue of equality and therefore would not be out of place in an equality statement, but the important thing is that it be included.