Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I would like to make some comments on that. My officials had meetings with representatives of unions on this issue and we have taken legal advice. The specific issue in regard to the Corbally case concerns public hearings and what matters should be brought to a public hearing.

I indicated on Second Stage that I intended to bring forward an amendment on having hearings in public being the default position. That amendment is not being submitted today on Committee Stage but my intention is to bring it forward at a later stage in the Seanad. The Bill will then return to the Dáil. That is the substantive issue that is of concern with regard to the court case. It is not the subject of an amendment today.

There are matters with respect to which I am considering amendments but which are not included today. With the Chairman's permission and with respect to the committee, I will briefly mention what these are. The amendments are largely technical changes or amendments designed to bring further coherence to the overall approaches to registration, fitness to teach and vetting throughout the Bill. I intend that these will be progressed on Committee Stage in the Seanad. However, the committee will recall that prior to and during the Second Stage debate, I also indicated my intention to provide for the conduct of disciplinary hearings in public, and that I would bring forward these amendments at a later stage. It has not been possible to finalise the draft provisions in time for the committee's consideration of the Bill today. I remain committed to the inclusion of this provision and I intend to bring forward amendments in the Seanad to give effect to this policy. We have to allow sufficient time to seek and consider legal advice and the views expressed by stakeholders, including the stakeholders referred to by the Deputy, as well as the views outlined in the House on Second Stage. My officials have briefed the teaching unions and the Teaching Council in this respect.

Having taken cognisance of the relevant issues and in light of the legal advice, the approach I plan to take is as follows. Mirroring recent legislation for other professional regulators, specifically the nursing and midwifery board and the Medical Council, I intend to provide that fitness to teach hearings will be held in public as a default position but that on the request of a witness and where the witness can show reasonable and sufficient cause to the disciplinary committee of the Teaching Council, some or all of the hearings may be held in private. This approach can cater for long-standing principles of natural justice, such as those espoused in the European Convention on Human Rights. I also plan to include express provision that the registrant who is the subject of the hearing is entitled to be represented at the hearing and will be furnished in advance with information about evidence in support of the complaint.

As well as the conduct of hearings in public, I will also provide for the publication by the council of the outcome of disciplinary hearings where it is in the public interest to do so and the notification of findings against a teacher to regulators outside the State where appropriate. Again, this is in keeping with the arrangements applying to other professional regulators, and the legal provisions will be similar to those which already exist. I am advised and am satisfied that this approach can cater for the types of issues that have been raised in respect of individuals' rights, such as the safeguarding of minors or vulnerable adults, the protection of private lives and privacy concerning medical fitness. The disciplinary committee will have sufficient discretion to determine when privacy should be employed, including anonymising where it is considered appropriate. We have a series of steps before any case would come to a public hearing.

The disciplinary committee is largely the body that will make those judgments as to what is severe enough to go to public hearing. It is also important to be aware that no case will proceed to a hearing without having gone through several screening stages that are designed to weed out less serious complaints that would not merit a full disciplinary inquiry. Following completion of Committee Stage, my Department will also be proofing the Bill, as amended, and if any technical corrections are required, the necessary amendments will be introduced on Report Stage. I hope this provides some clarity on the issues raised.