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

I move amendment No. 29:

In page 23, line 28, to delete “and” and substitute the following:

“(c) by the insertion of the following paragraphs after paragraph 5:

“5A. For the purposes of an inquiry under section 43, a panel may consider—

(a) the information (in so far as that information relates to the conduct the subject of the inquiry) contained in a vetting disclosure obtained by the Investigating Committee under subsection (7A) of section 42 subject to subsection (7C) of that section in like manner as subsection (7C) applies to the Investigating Committee, and

(b) submissions (if any) made by the registered teacher concerned under subsection (7A)(b) to the Investigating Committee.

5B. (1) Where the Investigating Committee did not seek a vetting disclosure in respect of a registered teacher under section 42(7A) in relation to a complaint and a panel considers that the complaint referred to it by the Investigating Committee under section 42(9)(a) is of such a nature as to reasonably give rise to a bona fide concern that that 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 panel may request the Council to apply to the National Vetting Bureau for a vetting disclosure in respect of that registered teacher.

(2) Where a panel receives a vetting disclosure under subparagraph (1) in respect of a registered teacher, it shall provide the registered teacher concerned with a copy of the disclosure and invite that teacher to make submissions in writing to the panel in relation to the disclosure within such time period as is specified in the notice.

(3) A panel shall consider submissions (if any) made by the registered teacher concerned under subparagraph (2).

(4) Subject to subparagraph (5), a panel may consider the information contained in a vetting disclosure obtained under subparagraph (1) in so far as the information relates to the conduct the subject of the complaint, for the purposes of its inquiry.

(5) Where a vetting disclosure obtained by the Council under subparagraph (1) in respect of a registered teacher contains specified information and that specified information relates to conduct of the teacher which occurred prior to the coming into operation of section 15 of the Teaching Council (Amendment) Act 2015, the panel may not consider that information for the purposes of subparagraph (4) unless the conduct concerned would have constituted a criminal offence at the time the conduct occurred.”

and”.

This amendment inserts a new provision in Schedule 3 of the Act to make clear that a disciplinary panel, which is considering a complaint that has been referred to it by the investigating committee may also, where the committee had sought a vetting disclosure in respect of that complaint, consider that disclosure for the purpose of the panel's inquiry into the complaint. It provides that the panel may consider the disclosure in the same manner as the investigating committee may consider it. The panel is therefore similarly precluded from considering specified information contained in the disclosure where that information relates to conduct which occurred prior to the coming into operation of Part 5 of the Act and where that conduct would not have constituted a criminal offence at the time it occurred.

Where a vetting disclosure had not previously been requested by the investigating committee, this amendment also makes provision to allow the disciplinary panel itself to request a vetting disclosure if it considers that the complaint gives rise to a bona fide harm concern. Where the panel requests such a disclosure the amendment provides for the teacher concerned to be provided with a copy of the disclosure and to be invited to make written submissions to the panel in respect of that disclosure. It requires the disciplinary panel to consider information in such a disclosure only in so far as it related to the conduct which is the subject of the complaint and it precludes the panel from considering specified information contained in a disclosure where that information relates to conduct which occurred prior to the coming into operation of this section and where that conduct would not have constituted a criminal offence at the time it occurred. This amendment is necessary to ensure that there is a lawful basis for a vetting disclosure obtained by the investigating committee to be provided to and considered by the disciplinary panel appointed to deal with that complaint and to allow the panel itself to request a vetting disclosure where one had not previously been obtained and where the panel considers that the complaint gives rise to a bona fideharm concern.