Brendan Smith (Cavan-Monaghan, Fianna Fail)

I move amendment No. 17:

In page 10, between lines 22 and 23, to insert the following:

"(15) The Unfair Dismissals Acts 1977 to 2007 shall not apply to the dismissal of a person employed in a teaching position in a school where the dismissal follows directly from the cessation of the remuneration of that person out of monies provided by the Oireachtas.".

Concerns have been expressed to me about the situation that might arise in special schools or Youthreach centres, or other second chance education centres. Those special schools and Youthreach centres are providing excellent services and the people delivering those services as tutors or teachers may not be registered teachers but they are doing an excellent job. We must clarify the long-term employment status of such people. I know many such people and have seen the quality of their work in special schools and Youthreach centres. A situation could arise where the Department of Education and Skills refuses to pay an unregistered teacher and that employee has a contractual commitment with a specific school. In the event of an unfair dismissal case arising, the onus would be on the school, acting as employer, to meet the costs that might arise. That could place a demanding onus on schools. I hope through legislation and regulation that, which none of us want to see happening, eventually will be addressed.

See this speech in context