120. The Act of 1971 is amended by the insertion of the following section after section 5:

“5A. (1) An Bord, in performing its functions, shall—

(a) have the right and responsibility to preserve and promote the principles of academic freedom in the conduct of its internal and external affairs, and

(b) without prejudice to the generality of paragraph (a), be entitled to regulate its affairs in accordance with its independent ethos and the principles of academic freedom, and in doing so shall have regard to—

(i) the promotion and preservation of equality of opportunity and access to higher education,

(ii) resources, wherever originating, that are available to An Bord for the purpose of performing its functions, and

(iii) the need to secure the most beneficial, effective and efficient use of those resources.

(2) A member of the academic staff of the College shall not, subject to the provisions of any enactment or rule of law, be disadvantaged, or subject to less favourable treatment by An Bord, arising from his or her questioning and testing received wisdom, putting forward new ideas or stating controversial or unpopular opinions in his or her teaching, research and any other activities either in or outside of the College.”.