The Irish Universities Association (IUA) issued a statement on February 4 in response to a call to defend the principle of tenure on which academic freedom is based. This call, signed by 160 academics, was published in the Irish Times on January 20.
We note that the IUA has no authority to speak on behalf of Irish universities. It is a private company of which the seven university presidents are directors.
In its response, the IUA could have given clear assurances that it was opposed to any changes to the relevant clauses in the Universities Act. As the law of the land trumps industrial relations processes, we would have taken considerable comfort from such a declaration.
As it is, however, the IUA makes no such declaration. Indeed, the IUA statement is replete with ambiguity and dissimulation. Most remarkably, it suggests that the principle of tenure might be seen as protecting academics from dismissal for misconduct, though this is not the case.
The IUA statement is causing increased concern in the academic community.
Steve Hedley, Professor of Law at UCC, and a signatory to the call, has given a detailed reply to the statement on the blog Ninth Level Ireland.
The IUA states: “What we must do as a foundation for that defence (of academic freedom – PH), is to distinguish between freedom and licence. This is what we are seeking to do in the proposed contractual provision which states that it is to be acknowledged that the freedoms which are contained in Section 14 of the Universities Act are to be exercised in the context of the framework of rights and obligations contained in the contract.”
It should be understood that the contract to which the IUA refers is not the existing contract but a new contract to be put in place pursuant to the Public Services Agreement (Croke Park Deal).
Steve Hedley comments: “The other, and more pessimistic, interpretation (of the IUA statement – PH) is that academic contracts are to be read as limiting the guarantee in the Universities Act – in other words, that academic freedom should only exist to the extent that each academic’s contract allows for it. This is extremely worrying. Academic freedom is, in large part, freedom from university management – and so is not worth much if it can be removed by a simple clause in an employment contract, drafted by that same university management. I don’t know what is intended here; and I certainly hope that this reading is wrong. But if the object of the statement was to reassure, then it has failed in its object.”
On the question of tenure the IUA states: “Here, we are seeking to establish that tenure is consistent with the established corpus of employment law and, in that context, refers to the duration of contract. However, the concept of tenure dates from a time when employment law was much less well developed. We now have a national legal framework incorporating, inter alia, the Unfair Dismissals and Fixed Term Workers Acts which provide considerable protections to employees generally. We strongly support employment security for staff.”
Steve Hedley comments:
“With that introduction, the IUA statement gives a number of reasons why tenure is positively undesirable. Tenure is an ‘amorphous concept which somehow subsists in a parallel realm’ to the rest of employment law; this ‘creates ambiguity, and at worst, creates the impression that tenure will be advanced to create an absolute prohibition on dismissal or sanction, even in the worst and thankfully extremely rare cases of misconduct’ … The solution is ‘to establish that tenure is consistent with the established corpus of employment law and, in that context, refers to the duration of contract’. This seems to mean that tenure, properly understood, should only mean that each academic’s contract lasts as long as it lasts – in other words, that ‘tenure’ is to be all but meaningless, adding nothing to ordinary employment rights.”
To be clear: the signatories of the January 20 letter never suggested that tenure could or should preclude disciplinary procedures in cases of misconduct and/or breach of duty. Academics have never been “unsackable” on foot of such allegations as some commentators and propagandists have claimed. Nor have they been absolutely free to exercise their academic freedom (or responsibility?) to defend academic values without fear or favour. As a number of documented Irish cases show, some of them have been subjected to harassment and intimidation for speaking out in defence of academic standards and intellectual integrity, even if they haven’t been subjected to the ultimate silencing, namely redundancy.
It is because tenure confers immunity from this ultimate abuse of power that it is internationally recognised as essential to academic freedom by UNESCO and by other international bodies such as Education International. And it is because academic freedom as currently protected by Irish law is such a fundamental principle of democracy that all repressive regimes have sought to eliminate or to limit that freedom.
Instead of allaying the concerns that we expressed in our original letter, the IUA response has heightened them.
Following persistent work by the IFUT Branch, the Board of Trinity College has already issued a declaration in support of academic freedom and tenure in December 2010.
We therefore call now on the governing authorities of all academic institutions to dissociate themselves from the IUA statement and to issue a similar declaration.
Paddy Healy 086-4183732
Convenor of Gathering for Academic Freedom
On behalf of the Signatories to the Call
88 Griffith Court,