Michael Colreavy (Sligo-North Leitrim, Sinn Fein)

I will proceed from what is in the Bill to what is not in the Bill but should be. There remains a serious gap in Irish education legislation not addressed in the Bill. This relates to the issue of how we handle allegations of abuse, bullying or emotional abuse of pupils by teachers. The Minister and the Department of Education and Skills profess that they are powerless to intervene in such matters and that it is up to an individual school's board of management to process any complaints or allegations of abuse or bullying made against teachers. That is not a delegation of responsibility, it is an abdication of responsibility. It does not represent child welfare or protection, it is institutional welfare and protection.

I have no wish to overstate the scale or extent of this problem. I realise the vast majority of teachers are good, committed professionals who adhere to the highest possible standards. However, if teacher bullying or psychological or physical abuse of children occurs even once, that is once too often. It is clearly a flawed system when the Minister and Department of Education and Skills provide funding for educational institutions but have no oversight for or input into the protection of children in the education system. It is incredible.

The Minister responded to a parliamentary question of mine on 16 November 2011 as follows:

There is no requirement for school authorities to report incidents or allegations of bullying to my Department. My Department therefore does not maintain data in this regard.

In the course of the same reply the Minister stated: "I have no plans to introduce any additional legislation as suggested by the Deputy." How can it be right that a parent or child who alleges bullying by a teacher has no recourse except to the board of management of the school? In most cases those on the board would be close friends of the teacher subject of the complaint. How can it be right that the Minister and the Department cannot investigate serious complaints against teachers and cannot instruct schools to follow a particular course of action with regard to individual complaint cases?

Schools' boards of management are not independent, qualified, autonomous bodies capable of investigating allegations of abuse against teachers. They are part of the system and they will protect the system and those who work in it. School boards of management carry out exceptional work the length and breadth of the country but they cannot or should not be regarded as independent, qualified judges when dealing with allegations of abuse against teachers. We have all seen in recent history the consequences of closing our eyes and pretending all is rosy behind closed doors. Have we learned nothing from that?

Legislation should be brought forward urgently to enable the Minister and the Department of Education and Skills to work with the HSE to investigate and resolve allegations of teacher bullying or psychologically damaging children. Such an approach would ensure children are assessed by HSE professionals trained in the area of child welfare. It would also involve professionals from the Department of Education and Skills who are trained in school policy, procedures and responsibilities. This would ensure a uniform, standard, professional, accountable process nationally to deal with such allegations.

The Minister is aware - I have brought it to his attention and forwarded the file to him - of a young boy from County Sligo who has been out of school now for more than two years because he was wrongly accused in public of bullying by a school principal. Despite exhaustive efforts by the boy's parents, which involved correspondence and discussions with politicians, civil servants, the school principal, board of management, the National Educational Welfare Board and HSE, the case is as far from resolution as ever. An eminent psychologist has testified to the great damage being done to this child and has indicated that the process of recovery can only begin when the school principal clears the boy's name and reputation publicly in the eyes and ears of the school population. However, nothing has happened and the boy is still at home more than two years later.

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