Seán Crowe (Dublin South West, Sinn Fein)
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Question 127: To ask the Minister for Education and Skills when he will enact the Teaching Council Act 2001, in particular, Part 5 covering the complaints procedure and investigation process; the measures he has put in place to enable independent investigation against school staff and/or members of the board of management; the number of notified complaints which remain unresolved to the satisfaction of children and/or their parents since the powers of investigation were effectively removed from him; and if he will make a statement on the matter. [28184/11]

Ruairi Quinn (Dublin South East, Labour)
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As the Deputy is aware, Part 5 of the Teaching Council Act, 2001 sets out the Council's investigating and disciplinary functions. The Council or any person may apply to the Council's Investigating Committee for an inquiry into the fitness to teach of a registered teacher. When it is deemed appropriate to do so, the Council's Disciplinary Committee will conduct a hearing on a complaint referred to it by the Investigating Committee. Such hearings may lead to withdrawal of registration on a temporary or permanent basis. Discussions between my Department and the Teaching Council regarding the commencement of Part 5 have taken place, and I intend to commence Part 5 as soon as is practicable.

There are currently procedures in place under Section 24 of the Education Act 1998, which provide that the appointment, suspension and dismissal of teachers are the responsibility of boards of management. In the case of VEC schools, section 20 of the Vocational Education (Amendment) Act 2001 provides that the appointment of teachers and other staff are a matter for each VEC. Removal from office of a VEC officeholder is provided for by section 8 of the Vocational Education (Amendment) Act 2001 and requires a decision of the Minister.

Under Circulars 59/2009 (VEC Schools) and 60/2009 (all other schools) procedures were agreed relating to both professional competence issues and procedures relating to work, conduct and matters other than professional competence. This agreement was made under the terms of Towards 2016 and the procedures were issued in September 2009. The procedures serve a dual purpose in that they provide a framework which enables schools to maintain satisfactory standards, and for teachers and principals to have access to procedures whereby alleged failures to comply with these standards may be fairly and sensitively addressed.

The Department does not have an investigatory role in relation to parental complaints against staff of a school or its Boards of Management. The Department does clarify for parents the steps they can take to progress their complaint. The Department does refer concerns of child protection reported to department staff to the relevant school authorities and at the same time notifies the Health Service Executive of same. Further information in relation to the department's role in relation to child protection and parental complaints is available on the department's website, www.education.ie.

Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department has no authority to compel a school to (re)admit a pupil, except in the case of an appeal under section 29 of the Education Act, 1998 being upheld.

Half of appeals lodged with the Secretary General do not go to full appeal hearing primarily because the appellant withdraws their appeal or the facilitator brokers an agreement between the parents and the school concerned. Statistically, approximately 4 out of every 10 appeals that go to hearing are upheld in favour of the parent.