IUA Statement on the Croke Park Public Service Agreement

This is the full text of the statement by the Irish Universities Association on the implementation of the Public Service Agreement 2010-2014 (the Croke Park agreement) in the universities.

Introduction

The purpose of this paper is to clarify the universities’ position in respect of our implementation plan under the’Croke Park’ Public Service Agreement (PSA).

Background

The Public Service Agreement (PSA) was formulated against a backdrop of the worst financial crisis in the history of the state. The Agreement is aimed at improving efficiency and quality so that public services can continue to be delivered with the reduced resources available to the Exchequer. Since the conclusion of the agreement, we know that the state’s financial position has worsened considerably, leading to the agreement with the EU, ECB and IMF, of the four year national recovery plan. The current position re-emphasises the need to implement the PSA. This has been stressed by the Chair of the National Implementation Body.

Concerns Expressed about the University Plans The PSA explicitly provides for a review of academic contracts and this has been further emphasised in national policy by the recently published HE Strategy. The focus of the concerns expressed to date is that the provisions of contractual revision represent an attack on academic freedom and tenure and thus the very essence of the university.

In our view this is emphatically not the case.

These proposals must be viewed in the context of both the wider strategic stance of the universities, and the real intent underlying their specific content. These two aspects are elaborated on below.

Overall strategic position of the universities

There is a widely held view that universities which have a strong capacity for self determination are both more efficient and effective. We are fully committed to maintaining this position, and, indeed enhancing it. We made our position clear in our interactions with, and inputs to, the Higher Education Strategy group and the resultant Strategy (National Strategy for Higher Education to 2030) reflects this.

The Strategy does discuss at length the balance between institutional self determination and accountability to the state and society in general. It is appropriate that this be discussed, not least given the current crisis. There has been deep-rooted societal questioning of the causes of our economic collapse. This has included reflection on the failures of our financial regulatory system and the functioning of our entire administrative and political system. Given the depth of the crisis, the universities have sought to play their part in response. This has been reflected in the universities agreeing to cut staff numbers by over six percent while continuing to respond to the demand for additional student places.

In summary, the universities are committed to the principle of self determination and to enhancing this over time.

Content of the PSA Plan

In line with the overall strategic position outlined above, it must be stressed that the theme underlying the plan is accountability and not control. As regards the proposed contractual revisions these have been driven by a desire to identify good practice across the universities and to consolidate this on a sectoral basis. In terms of the specific provisions, it is worth highlighting the major ones and elaborating on their intent and the thinking underlying them, as follows:

Attendance/hours of work

Attendance: this is stated as a requirement to be in attendance at the university during the normal working week and for the duration of the college year which is 12 consecutive calendar months.

It will be apparent that there has been considerable questioning of academic hours of work in recent times. At the Public Accounts Committee the University Presidents and IUA strongly defended the record of University staff and firmly rejected simplistic definitions of academic hours based on contact time. In our inputs to the HE Strategy process, and at the PAC, we rejected efforts to impose a requirement for fixed hours within the academic contract. We believe this would inhibit flexibility and ultimately compromise the widespread excellent commitment which staff have demonstrated.

However, we believe it is reasonable to set down minimum standards in respect of attendance as outlined above. Some have suggested that this is to have the effect of physically shackling academics to the university and banning remote working etc. We want to stress that this is categorically not the case. Our concern is fundamentally about accountability for work and, in practice, this provision is simply to consolidate a framework which protects against cases of obvious abuse of the freedoms which currently exist and which we support. Thankfully, those abuses are extremely rare, but it cannot be denied that they have occurred.

Tenure

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.

It has been suggested that the above represents a concerted attempt to casualise university employment. Again, this is emphatically not the case.

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.

In some of the commentary, the concepts of tenure and academic freedom have been conflated, with the implication that any contextualization of tenure will be used to attack academic freedom by facilitating the dismissal of staff who express unpopular ideas.

This is a completely wrong characterisation as will be reflected in the section on academic freedom, where we vigorously uphold and support freedom of thought and enquiry.

We do not believe that it is helpful to have an amorphous concept of tenure which somehow subsists in a parallel realm to that corpus of law. Such subsistence at best 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 fostering of such an impression is enormously damaging to the public reputation of the universities, to our desire for continued and enhanced self determination, and it does no service to the vast majority of staff within the university.

Academic Freedom

The capacity of universities to develop new knowledge and to share that knowledge within the collective community of learners and with the wider society is essential: in the literal sense, it is the essence of what defines a university. We have consistently defended this.

We have firmly and repeatedly rejected the notion of universities as mechanistic institutions which exist to supply static units of learning to a cohort of passive consumers. Most recently we gave an extensive presentation to the Joint Oireachtas Committee on Education and Skills showcasing the range of innovation and high quality demonstrated by our universities and emphasizing the contribution of our academics as independent thinkers and contributors to national and international debate.

We are unambiguously committed to academic freedom of thought and enquiry.

We are equally committed to our academics’ freedom to continuously vary what is taught as the universe of knowledge expands. We believe that the continual testing of what is held to be true is essential for all in the community of learners.

There can and should be no doubt of this and we will defend this position.

What we must do as a foundation for that defence, 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.

As articulated in this paper, the obligations element is simply a framework that contains accountability requirements which reflect the excellent practice of the vast majority of academic staff and which also safeguard against those cases of abuse which, though extremely rare, have the capacity to undermine public confidence in the universities.

Public Confidence

It is worth considering further the importance of public confidence. Universities have an essential role within society in the creation of new knowledge and in challenging conventional wisdom and accepted truths. However, if this role is to be effective, universities must have public trust and confidence.

Trust and confidence are qualities which are earned; universities have no intrinsic right to them. Intellectual freedom which exists in the absence of such trust and confidence would be a debased currency of little or no value. It would reduce universities to voices crying in the wilderness, dependent on society for their subsistence but powerless to influence it.

Conclusion

In summary, the PSA plans are designed to reinforce all that is good in our university system and provide for the further enhancement of our self determination.

They allow Universities to maximise their traditional and properly-valued contribution to society, as well as making a real contribution to national recovery.

Their implementation will enhance our reputation and strengthen public trust and confidence in our institutions.

In consequence they will strengthen our voice and our position in society to the benefit of, students, society and staff alike.

 

 

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5 Comments on “IUA Statement on the Croke Park Public Service Agreement”

  1. Paul Says:

    The IUA must recognize that the concept of tenure has already been adjudicated upon, in part by the Irish Courts when the High Court addressed the meaning of the word “tenure” as used in s. 25(6) of the University’s Act, 1997.

    The Court stated that tenure as used in the Act must go further than a mere specification of the terms of employment and to the duration of that employment. A university already has (under subs. (3)) an entitlement to fix the terms and conditions of all employees (including officers). If the obligation to provide for tenure merely meant an obligation to provide for the terms and conditions of employment so far as the length of that employment was concerned, then it would be a redundant obligation as that obligation is already covered by subs. (3). Therefore, the Oireachtas must have used the term “tenure” to mean something more than simply delineating terms and conditions as to the length of employment.

    As such, the IUA statement on tenure flies in the face of the Court’s adjudication on tenure by simply stating that it should refer to the duration of a contract of employment and be consistent with the established corpus of employment law.

    What is now required is further judicial review to seek final clarification on this matter. Whether individual academics and/or the wider academic association/trade union representative bodies in Ireland seeks this clarification remains to be seen.

  2. Dan Says:

    I agree: “Trust and confidence are qualities that have to be earned”. The IUA, after this debacle, needs to earn these qualities again.

    Otherwise, the strategy of releasing aggressive implementation plans BEFORE following up with an explanatory statement (ie “that’s not what we meant at all”) looks like either inept bungling or a deliberate attempt to cow staff in 3rd Level institutes and universities.

    Which?

  3. Al Says:

    I wonder if a situation will arise further down the road where academics filling out their work descriptor and quantification forms realise that the working week is 39(?) hours long and stop working after that.

    Universities get an awful amount extra ‘for free’ from academics based on good will and freedom.
    I wonder if it will be managed out of the system?

  4. Latinum Says:

    1. The IUA is a registered *charity* – it has no legal representative rights.
    2. Who funds the IUA?
    – it receives generous Marie Curie funding
    – it receives subventions from the Universities (tax payers money!)
    3. It is a member of IBEC
    4. It has an impressive management organisation structure (and wage bill to go with that)
    == management for management’s sake


  5. Freedom is either economic or illusory.
    So long as our Universities are solely reliant on the state for funding, academic freedom is a fiction, wrapped in a legal cloak that can be stripped off at a moments notice.
    Any enterprise, (for profit or otherwise) loses it independence when all it’s funding comes from one source. Irish Universities have no more genuine independence than a pea farmer whose only customer is Tescos.
    What protects academics is that, generally, they are not contentious, and managing universities directly is, generally, a tedious business with few opportunities for political profit.
    Fellows like Morgan Kelly, who the government would no doubt have liked to silence at the time, were protected not by ideas of academic freedom, but by our free press, which gave him voice, and who would have wanted to know why, had he been silenced.


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