The newly minted Irish Universities Act now guarantees tenure for permanent academic staff and academic freedom for all academic staff -- two of many changes to the legislation vigorously lobbied for by the Irish Federation of Teachers. According to the federation, the process of lobbying was greatly assisted by the minority status of the government in the upper house of the Irish parliament.

The omnibus bill replaces the former Universities Act which had been passed by the British Parliament in 1908.

Academic Freedom

On academic freedom, the Act states that a university shall have the right and responsibility to preserve and promote the traditional principles of academic freedom in the conduct of its internal and external affairs. It goes on to say that "a member of the academic staff of a university shall have the freedom, within the law, in his or her teaching, research, or any other activities either in or outside the university, to question and test received wisdom, to put forward new ideas and 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."

The federation also wanted the related concept of autonomy spelled out in this section of the Act and was successful in this regard. The Act states that each university "shall be entitled to regulate its affairs in accordance with its independent ethos and traditions and the traditional principles of academic freedom...and, if, in the interpretation of this Act, there is doubt regarding the meaning of any provision, a construction that would promote that ethos and those principles and traditions shall be preferred to a construction that would not so promote."

Tenure

The proposed draft legislation originally classified academics, along with everyone else engaged by a university, as employees and said that employees could be suspended or dismissed at will. The government argued that nothing in its legislation prevented universities from offering tenured status. However, the legislation was subsequently amended to classify academic staff as "officers" of the institution and explicitly stated that no one could be suspended or dismissed except through procedures set out in the university statute which must provide for the tenure of academic staff. The language of the legislation distinguishes tenure from normal permanent employment. The federation considers that tenure is now on an even firmer footing than in the 1908 Act.

Religious Belief

The Act reincorporates the language of the 1908 legislation which stated that "No test of religious belief shall be imposed on any person as a condition of his becoming or continuing to be" a member of the academic staff and repeals the sections which allowed religious tests in theology or divinity and required the academic staff to be respectful of the religious opinions of students.

Assessment

The Act requires that each university shall evaluate at regular intervals, not less than once every ten years, departments, faculties and services of the university. This shall be done in the first instance by the employees and by persons, other than employees, who are competent to make national and international comparisons on teaching, research and the services of the university. Those using the academic or other services of the university shall make assessments as well. The university shall provide for the publication of the results in a form and manner it thinks fit.

Equity

The new Act states that in university charters there shall be a provision stating its policy on the promotion of equality of opportunity among students and employees.

Governance

The Act requires the election to the governing bodies of universities of not less than two or more than six full or associate professors, not less than three or more than five elected representatives of the other permanent academic staff plus elected representatives of the non-academic staff, undergraduate and graduate students.

Separate legislation on the governance of Trinity College (Dublin) is expected in December although all the other provisions of the Act will apply to it.