I want to thank the Deputy for the question.
Academic freedom is enshrined in law in the Universities Act and the Technological Universities Act. and the Act states that "a member of the academic staff of a [university or technological university] shall have the freedom, within the law, in his or her teaching, research and any other activities either in or outside the university, to question and test received wisdom, to put forward new ideas and to state controversial or unpopular opinions and shall not be disadvantaged, or subject to less favourable treatment by the university, for the exercise of that freedom."
Section 42 of the Irish Human Rights and Equality Act, 2014 requires all public bodies in Ireland to promote equality, prevent discrimination and protect the human rights of their employees, customers, service users and everyone affected by their policies and plans.
In order to fulfil their legal obligations, public bodies must assess, address and report on the human rights and equality issues it believes are relevant to its function, and describe how it plans to address these issues in its strategic plan. This is an obligation that universities are required to be spaces where differences are welcome and respected. The Athena Swan Ireland principles align with these requirements. Institutions, rather than individuals, sign up to these principles. The timelines set out by the HEA for HEI engagement with the Athena Swan Ireland charter relate to institutional eligibility for national research funding.
The employees of higher education institutions are protected by the provisions of employment law, including but not limited to, the provisions contained in the Employment Equality Acts and Equal Status Acts and, as employers of such academic staff, relevant HEIs are also bound by the same provision in their capacity as employers of academic staff.
As the body with oversight of the higher education sector, the HEA has an obligation to protect academic freedom, and the Higher Education Authority Act, 2022 (“HEAA 2022”) includes objects to both:
• advance equality of opportunity, diversity and inclusion in higher education; and
• to respect the academic freedom of higher education providers and academic staff in those providers and the HEA is committed to all of its objectives. Additionally, every HEI has a responsibility, and a statutory duty under relevant sectoral legislation including:
• the National College of Art and Design Act, 1971
• the Regional Technical Colleges Acts, 1992 –2006
• the Universities Act, 1997; and
• the Technological Universities Act, 2018 all as amended by the HEAA 2022 to act in a way that promotes academic freedom.
The HEA Act also outlines the statutory duty of HEIs to promote equality. The Universities Act 1997 and Technological Universities Act 2018 each include an object to promote gender balance and equality of opportunity among students and employees of the university.
The Athena Swan Ireland Charter is a policy initiative that sits under this legislation and the Charter is cognisant of national policy in this area. Consequently, the current Athena Swan Ireland principles are the result of extensive consultation with the Irish HE sector, and as with all such work the HEA keeps them under review.
It is noted in the Athena Swan Ireland charter materials that “the Athena Swan Ireland framework is meant to be flexible and adaptable rather than directive. This approach to equality ensures that diversity, and different individuals, ideas and perspectives are valued, and complements fundamental commitments to academic freedom and institutional autonomy. Engaging with the charter and its principles can help promote the voices of all, including those who may have previously lacked the opportunity to engage.”