Ruairi Quinn (Dublin South East, Labour)

It is appropriate, therefore, that I should discuss it now. The existing legal provision concerns three aspects of the terms and conditions of teachers and other staff - their appointment, suspension and dismissal. It is limited to the procedures that apply or to be carried out in relation to these three aspects. The new provision will ensure legal clarity in carrying out recruitment, suspension or dismissal, as the procedures that will apply in the future will not be subject to a potential veto by one party withholding agreement. I am not, therefore, accepting the amendment because it would maintain such a veto.

During the passage of the Bill through the Seanad there was clear affirmation of ongoing partnership within the schools system. I said, "Agreement should not equate to unanimity or veto but, equally, consultation does not mean diktat or imposition." I also gave assurances which I now give to this House that following enactment of the Bill departmental officials would engage in discussions with the education partners on having general consensus on the extent and quality of this consultation and how agreements could be reached. Established procedures such as the Teachers Conciliation Council would be used as a vehicle for these discussions.

I know the concerns expressed to Deputies by various interested groups and can understand why they have been expressed. Let me outline my reason to the House. In a redeployment case, for example, agreement might be reached by someone representing the teacher on one side and someone representing the Department or the school on the other. However, while there might be agreement between the employers' representatives and the trade union's representatives, it might be withheld by the individual, the teacher. We want to avoid that stalemate. I was told by Mr. Martin Hanevy, to whom Deputy Brendan Smith referred, that we had had a few near misses the last time round. They were avoided by good will on all sides, but there may not always be that good will in the future. That is why it is correct to empower the Minister to use the words, "consult" and "agreement".

I reaffirm the undertaking that I will have an exchange of letters with the education partners on what I mean by consultation and agreement. However, I need this flexibility in the legislation. My successors will also need it.

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