Mary Hanafin (Dún Laoghaire, Fianna Fail)

I move: "That the Bill be now read a Second Time."

I am pleased to bring this Bill to the House. This Bill is very short and consists of a number of amendments to the Teaching Council Act 2001. The amendments are of a technical nature which are designed to cover a legislative lacuna in the teaching council. This lacuna became apparent only recently and I wish to resolve this situation as soon as possible. It concerns a technical issue relating to the first elections to the council, which were held in 2004.

Under the Teaching Council Act, 16 of the teaching council's overall membership of 37 were elected directly by teachers, either employed in or qualified to teach in primary or post-primary schools recognised by the Department. Of the remaining 21 members, 16 were nominated by the education sector partners — trade unions, school management bodies, parents' organisations and third level institutions. There are five direct appointments by the Minister. As is the normal practice, all members of the council ultimately hold their appointments from the Minister for Education and Science.

The Teaching Council Act 2001 provides that the elections had to be held under regulations made by the Minister for Education and Science. In accordance with the provisions of the legislation, the regulations, which are known as the Teaching Council (First Election of Members) Regulations 2004, SI 916 of 2004, were signed into law on 10 September 2004 by the then Minister, Deputy Noel Dempsey. While the elections were held under the required regulations and these regulations were, in turn, made in accordance with the Teaching Council Act, it recently became apparent that the relevant provisions of the Act were not commenced when the regulations were made, thus raising a potential question about the legal basis for the elections.

The amendments covered by this Bill retrospectively validate the power to make these regulations, thus ensuring there can be no question about whether the elections were held in accordance with the Teaching Council Act. Given the overall membership of the council is closely linked with the elections, these amendments will also ensure there can be no issues in relation to the nominations and appointments to the council.

It should be noted that the legal lacuna addressed by the terms of this Bill does not have any impact upon the work of the teaching council. The council was launched almost a year ago in the Royal Hospital Kilmainham on 28 February 2005 so that its members can undertake the necessary preparatory work in advance of its formal establishment. The Teaching Council Act provides that the council cannot have any legal standing until its formal establishment day, after which it formally and legally commences its operations.

This lack of legal status until establishment day also means the members of the council will have to be reconfirmed in their appointments once the council has been formally established. This process is normal for statutory bodies of this nature, such as the National Council for Special Education, where memberships are appointed in advance of formal operations commencing at a later date.

At the launch of the council, I indicated my wish that its establishment day should occur in March of this year. It is intended, following consultation with the council, to confirm the precise date over the coming weeks and at this stage I am pleased the deadline will be met.

Although the council does not have a legal status at present, since its launch in February 2005 it has undertaken a great deal of preparatory work so it can fully meet its obligations after establishment day when it will commence operations on a phased basis.

Under the able leadership of its chairperson, Ms Joan Ward, the council has recruited staff and it has secured an office premises. The three statutory committees and standing committees of the council have been established on an informal basis and the members of each have been working very hard over the last six months on their respective areas of responsibility so that their preparatory work will be well-advanced prior to the council's legal establishment. I would like to thank all members of the council and its staff for their efforts in this regard.

For example, the registration committee has also completed its procedures for the registration of teachers and the recognition of teaching qualifications so that the council can begin work on this immediately after its establishment day, as set out in the Teaching Council Act. Similarly, a great deal of work has been done by the education committee on codes of professional conduct and practice for teachers, which are currently at draft stage and will be subject to a widespread consultation process later this year. The investigating and disciplinary committees have also undertaken a large body of work into what will undoubtedly be difficult but important areas for the maintenance of standards for the teaching profession.

Deputies may be aware that the Teaching Council Act sets out three wide-ranging and ambitious objectives for the council. In essence, the teaching council is concerned with teaching rather than the narrower focus upon teachers. Its objectives cover the regulation of the teaching profession and the professional conduct of teachers, in addition to initial teacher education and training, as well as the continuing education, training and professional development of teachers. The council will have a strong developmental role in regard to the education and development of teachers to ensure we will maintain the current very good standards of teachers and schools. The council will not merely be concentrating upon the professional conduct or competence of individual teachers, although it is recognised that, for a minority of teachers, these may well be issues which have to be addressed. It is important when dealing with such matters that they are approached with integrity, fairness and balance and I am confident that the council will do this.

While I am pleased with the level of preparatory work undertaken in readiness for the full commencement of the council's functions after establishment day, the council will face a number of challenges as it creates for itself a position of genuine respect and credibility on the education landscape. As the regulatory body for the profession of teaching, the council has real potential to secure and enhance the status of this vital profession in the eyes of people throughout the country. By successfully meeting the challenge of acting as a focus for all that is best in the profession of teaching in Ireland, the council will do much to diminish any concerns around the concept of self-regulation. We have been well served by teachers throughout the generations and it is right and proper that we entrust them now with a much greater say in the regulation of their own profession. I have no doubt the Council will rise to that challenge and, in doing so, ensure the high standards achieved to date in regard to both teachers and teaching continue into the future.

I look forward to providing further information over the coming months on the work of the teaching council and I also look forward to its establishment day next month.

See this speech in context