Ruairi Quinn (Dublin South East, Labour)

I am disgruntled at the possibility that the State could be hauled before international courts for a breach of human rights, that the VECs as State bodies would be in breach of our Constitution and that people who have no experience whatsoever of running primary schools will now be asked to take on new responsibilities when the entire organisation from which they work will be in freefall turmoil with overruns of one kind or another if the Government's track record in the HSE is to be replicated with the amalgamations which are to take place.

I will revert to the Minister on the Teaching Council at the relevant Stage. In her reply she might answer a query which was put to me, namely, that part of the Minister and Teaching Council's difficulty is that a number of special schools, including ABA schools, have teachers who are not recognised as teachers by the Teaching Council. In order to enforce the thrust of the Teaching Council legislation, which I support, specific definitions of "teachers" in certain areas will have to be accommodated in order that they can be registered without an open-ended extension of that provision coming into force.

I agree in principle with what Deputy O'Dowd said. There must be a better way of harnessing the resources of recently qualified teachers. There must be some way of saying to somebody who is retired and may have been the preferred and favourite principal of the newly appointed principal that he or she cannot step in at short notice to provide standby provision for teaching. It is something that is causing great offence to young teachers who cannot get the hours they need in order to get through their parole period.

They could be substitute teachers. It could be done for extended periods of illness, for people who take a leave of absence or women who, in a highly feminised profession, take maternity leave. It can be planned in those areas. If somebody calls a school at 8.50 a.m. to say he she cannot teach, that is different and there needs to be a panel of the standby teachers. However, for long extended substitute periods I would like the Minister to outline on Committee Stage what kind of safeguards she will introduce.

This legislation has been slow in coming but its arrival is still welcome. However, it does not answer the big questions to which I want to hear answers and perhaps the Minister will be able to do this. Will there be regulations to give effect to this legislation or will it be by circular? If it is by circular we are back to the same old game again. This is not a new patronage model; it is the eighth patron body being attached to the existing system. This is not democratically accountable in the manner in which so many of our colleagues spoke about in the Chamber in May. This could, if it continues in its current form, cause great constitutional difficulties for the country. Most importantly of all, it could thwart the aspirations of that increasing number of parents who want a choice, within reason and cost, for the education of their children.

We can get there but the Minister will have to face some demons in her Department and elsewhere who have been used to dominating the debate on education in this country. I think she has the courage and strength to do so and I welcome the bringing forward of this legislation. We will not oppose the Bill on Second Stage by calling a vote, but we will bring forward substantial and well thought out amendments.

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