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

I move amendment No. 9:

In page 9, to delete lines 34 to 40, and in page 10, to delete lines 1 to 12 and substitute the following: “ “(4A) (a) The Council may seek a vetting disclosure in respect of a registered teacher for the purposes of renewing the registration of the teacher in accordance with this section.

(b) The Council shall notify a registered teacher in writing where the Council intends to seek a vetting disclosure in respect of the registered teacher under paragraph (a) and the notice shall—

(i) request the registered teacher to provide the Council with a declaration of consent (within the meaning of the Act of 2012) and any other information specified in the notice which is required by the Council to enable it to obtain a vetting disclosure in respect of that teacher,

(ii) specify the time period within which the registered teacher shall comply with a request under subparagraph (i) and the form and manner in which the information requested under that subparagraph shall be furnished,

(iii) advise the registered teacher that the Council intends to consider the vetting disclosure for the purpose of determining if he or she is a fit and proper person, in accordance with subsection (4D), to have his or her registration renewed upon his or her next renewal under this section,

(iv) advise the registered teacher that the Council shall refuse to renew the registration of that teacher under this section if he or she fails to comply with the request under subparagraph (i) within the time period specified under subparagraph (ii) and the Council has not been in a position to make a determination as set out in subparagraph (iii), and

(v) advise the registered teacher that the Council may, having regard to the information contained in the vetting disclosure, where it is satisfied that it is in the public interest to do so, apply to the High Court under section 47 for an order that during the period specified in the order his or her registration shall be suspended.

(c) A notice issued under paragraph (b) shall be issued—

(i) not earlier than 10 months prior to the date of expiration of the period of validity of registration of that teacher, or

(ii) within such lesser period as the Minister may direct in respect of all notifications made to registered teachers under that paragraph.

(d) Where a registered teacher receives a notice from the Council under paragraph (b), the registered teacher shall comply with the notice within the period specified in the notice and the period for compliance specified in the notice shall be the same in respect of all registered teachers to whom a notice is issued in accordance with this subsection.”.

Section 11 of the published Bill amends section 33 of the principal Act and provides that the council may seek a vetting disclosure for the purpose of renewal of registration. It also puts in place requirements in relation to the council notifying the teacher concerns where the council intends to seek a vetting disclosure for that purpose. It is important to note that under the Bill not all registered teachers will be vetted each year. Rather, section 11 of the Bill allows the council to plan and undertake such vetting in a structured and phased manner and sets out what the council will have regard to when considering whether to seek a vetting disclosure in respect of a teacher for renewal of his or her registration. In that regard, this section will enable the council to prioritise the vetting of those teachers who were never vetted under the non-statutory arrangements, to subsequently address those who have been vetted under the existing non-statutory arrangements but who have not been vetted under the new statutory vetting arrangements and to provide thereafter for periodic revetting of all registered teachers to be undertaken on an ongoing basis. It also makes provision for the council to notify the teacher in good time where it intends to seek a vetting disclosure as part of renewal.

On review of the published Bill, I considered that the obligations on the council in terms of notifying the teacher where it intends to seek a disclosure as part of the renewal process should be set out in a clearer manner. The purpose of this amendment is therefore to ensure that in circumstances where the council intends to seek a disclosure for the purposes of renewing the registration of a teacher under section 33, the written notice to the teacher of this intention must also formally request the teacher to comply with the vetting requirement, specify the form and manner by which the teacher can do so, set out why the vetting disclosure is being requested and what it may be used for, and inform the teacher of the obligation under the Act to comply with this vetting request and the consequences for the teacher should he or she fail to comply with such a request. This amendment ensures that those teachers who are being vetted for renewal of registration purposes receive adequate and timely notification in this regard.