Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

There is no decision on it. It has funding implications. We also would like to meet the committee to get an input into that. With any change of this nature there will be concerns about whether there will be losers as a result of it. The NCSE has designed it to make sure there will not be losers and that we could win support for it but we have to make sure we are ready to deliver. Much good work has been done. It has been well received in the pilot schools, so we are keen to push on.

On the other issue the Deputy raised, it is based on collective agreements. There is no obligation on an individual to join a union but it is normal practice in the public service that the decision of the trade union recognised as having representative rights for a particular grade or sector will determine the position for all relevant staff in that grade or sector. This is not unique in the teaching area. That is established custom and practice, and changing that would have far-reaching impacts across all industrial relations. Notwithstanding a dispute now, which is putting a spotlight on it, that is practice and it cannot be changed based on just one individual case.

I will ask to have a look at the cases in dispute, and the flow of legal cases. I do not have that level of assessment available to me as to what is driving cases and whether there are better ways of resolving them. On the Deputy's final point about the comments of the Ombudsman for Children, which I have noted, debate in the Dáil on the Deputy's own Bill has triggered the production of legislation I hope to bring before the committee on the parents and students charter. The relationship of such a charter to the ombudsman and how one would ensure compliance with the charter and with recommendations from the ombudsman will be the subject of discussion on that legislation. We hope to bring forward legislation at the same time the Deputy's legislation is being considered by the committee in order that we can examine this issue in the whole. We see the need for legislative changes to accommodate both the Deputy's comments and those of the ombudsman.