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

I move amendment No. 21:

In page 15, to delete lines 2 to 20 and substitute the following:"(1D) The Council may make a complaint to the Investigating Committee in respect of a registered teacher in relation to information, other than in relation to specified information in respect of the registered teacher which relates to conduct of that registered teacher which occurred prior to the coming into operation of this Part where the conduct would not have constituted a criminal offence at the time the conduct occurred, contained in a vetting disclosure received by the Council on behalf of another relevant organisation the Council represents for the purpose of vetting procedures under the Act of 2012 on the grounds that that information is of such a nature as to reasonably give rise to a bona fide concern that the teacher may—

(a) harm any child or vulnerable person,

(b) cause any child or vulnerable person to be harmed,

(c) put any child or vulnerable person at risk of harm,

(d) attempt to harm any child or vulnerable person, or

(e) incite another person to harm any child or vulnerable person.".

The Bill provides that the council may make a complaint under Part V of the Act on the grounds that the information in a disclosure which it has received in its conduit role for schools and ETBs gives rise to a bona fide concern that the teacher may harm, attempt to harm or cause any child or vulnerable person to be harmed or incite another person to harm any child or vulnerable person. The Bill, however, precludes the council from making such a complaint in respect of specified information in a disclosure which relates to conduct that occurred prior to Part V of the Act becoming operational where that conduct would not have constituted an offence at the time it occurred. The purpose of this amendment is to provide clarity in the wording used in this provision to ensure that the wording of the provision does not also preclude the council from making a complaint in relation to other information in such a disclosure, perhaps criminal records or other specified information, which gives rise to a bona fide concern that the teacher may harm, attempt to harm or cause any child or vulnerable person to be harmed or incite another person to harm any child or vulnerable person.