Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

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

I am pleased to have the opportunity to address the House on the Second Stage of the Teaching Council (Amendment) Bill 2015. I will provide a detailed explanation of the provisions of the Bill but first I want to highlight the background and main aims of this legislation. The Bill has two main aims. First, it will underpin the central role of the Teaching Council in the forthcoming statutory vetting arrangements for registered teachers. Second, it will put in place a meaningful fitness to teach process, to be operated by the Teaching Council. The existing Garda vetting arrangements for the schools sector operate on a non-statutory basis and have been in place for new employees since 2006. Under these existing vetting arrangements, the Teaching Council is the registered organisation that liaises with the Garda central vetting unit for the vetting of teachers. It acts as a conduit for about 3,500 individual recognised schools and education and training boards, ETBs, that employ registered teachers. The Teaching Council plays a vital part in the State’s overall child protection infrastructure for schools. It is the body that has the capacity to ensure that any person that is not suitable to teach will not be registered as a teacher.

The Bill will underpin and strengthen this capacity and, in doing so, will ensure, in tandem with the provisions of the National Vetting Bureau Act 2012, that the vetting of all registered teachers on an ongoing basis will be provided for and carried out on a statutory basis. The Bill, which is intended to be aligned with the National Vetting Bureau Act, will also make it more efficient for schools to meet the vetting requirements of the National Vetting Bureau Act 2012 when it is commenced. The provisions in the Bill will help improve the workability of the vetting arrangements for schools and ETBs. It will enable them to receive vetting disclosures in a streamlined, secure and timely manner through the Teaching Council’s electronic register of teachers.

The number of teachers vetted under the non-statutory arrangements continues to steadily increase, with about 54,000 of the 90,000 teachers on the Teaching Council register now vetted. The remaining 36,000 who have not yet been vetted are typically permanent teachers who have been in the same school since prior to the introduction of vetting in 2006. I think we can all agree how important it is to ensure that such teachers are vetted under the forthcoming statutory vetting arrangements. The statutory arrangements will include a check for both criminal offences and also any relevant soft information and, when this Bill is enacted, there will a clear statutory basis for the Teaching Council to require such teachers to undergo vetting and for it to deal with any adverse vetting disclosure that might be received. The Teaching Council and I are mindful of the need to ensure that all registered teachers are vetted. I have asked the council to prioritise this work in the year after enactment of the legislation. Importantly, this Bill provides that renewal of a teacher's registration will be linked to compliance with the Bill's vetting requirements. It also ensures that there will be a robust statutory basis for the Teaching Council to consider in the case of any teacher who is the subject of an adverse vetting disclosure as to whether the teacher's registration should be renewed.

The Bill will prepare the ground for the commencement, for the first time, of fitness to practice procedures for the teaching profession. This is a key part of any professional regulatory system. The enhanced measures now being put in place will help to ensure that high quality standards of teaching can be upheld by the council through the operation of fair, robust and effective fitness to teach processes. The Bill makes provision for a number of changes to the fitness to teach provisions of the Teaching Council Act, before their commencement, so that the Teaching Council can undertake this important regulatory role in an effective manner and to update the fitness to teach provisions to take account of the new statutory vetting arrangements. The purpose of the council's fitness to teach role is to uphold standards and protect children. Robust procedures which are transparent and fair will underpin the council's work. When these provisions are commenced, any person, including members of the public, employers, other teachers or the Teaching Council itself will be able to make a complaint about a registered teacher. Issues of sufficient gravity will result in an inquiry. The council will have the capacity to remove a teacher from the register where it deems the person unfit to teach, including where this is for child protection reasons. The Bill will improve the capacity of the Teaching Council to deal with complaints which indicate a risk of harm to a child or vulnerable adult by empowering it to seek a vetting disclosure in respect of the teacher concerned as part of a fitness to teach inquiry.

It is important to bear in mind that the fitness to teach function will also serve to identify areas where teachers can take action to address underperformance or conduct issues. These processes will not displace the existing disciplinary procedures available to employers at school level. Such procedures will normally be completed before the Teaching Council conducts an inquiry and in many cases it would be expected that the matter is resolved at school level. I intend to commence the fitness to teach provisions at the earliest opportunity after the enactment of the Bill.

The Bill contains 23 sections which aim to provide a clear statutory basis for the role of the Teaching Council, which I will now outline in more detail. Section 1 defines the principal Act as meaning the Teaching Council Act 2001. Section 2 inserts into the principal Act interpretations for a number of terms used in the Bill.

Section 3 amends the functions of the council to provide that, in addition to the functions specified in the principle Act, it will be a function of the Teaching Council to obtain or receive vetting disclosures for the purposes set out in the Bill for the purpose of its role as a relevant organisation as defined in the National Vetting Bureau Act 2012 or for the purpose of its role as a relevant organisation representing another relevant organisation under the National Vetting Bureau Act 2012. This provision makes clear that the council may seek vetting disclosures for the purposes of the registration and fitness to teach provisions of the Bill and ensures that its role as a conduit for schools and ETBs in the forthcoming statutory vetting arrangements is given statutory underpinning. Section 3 also amends the functions to provide that the council shall, in the performance of its functions under that Act, have regard to the need to protect children and vulnerable adults.

In light of recent institutional changes, section 4 amends section 8 of the principle Act to update the bodies providing primary and post primary initial teacher education which nominate persons for appointment to the council. Section 5 provides that the information to be entered in the register in respect of a registered teacher as prescribed by the council shall, in addition to existing information, include whether the registration is subject to any conditions set at initial registration or at renewal of registration; and the information disclosed by the most recent vetting disclosure in the possession of the council in respect of the person. This amendment will enable the Teaching Council to provide a streamlined mechanism to enable a school employer to access the vetting disclosure electronically in respect of a teacher it intends to employ. This approach facilitates a centralised and accessible mechanism for schools and ETB employers to receive disclosures for teachers via the register and in compliance with the National Vetting Bureau Act 2012. It is important to note that records held electronically by the Teaching Council will not be accessible other than to an employer for the purposes of obtaining a disclosure under the National Vetting Bureau Act and in such circumstances only with the consent and knowledge of the teacher in question and in compliance with data protection legislation. Section 5 also clarifies that the existing provisions of the Act which relate to publishing the register, making it available for inspection and providing for a copy of an entry or extract to be made available on request are subject to any enactment or rule of law which would prohibit the disclosure of such information.

Section 6 updates section 30 of the 2001 Act. The existing Section 30 provides that a person employed as a teacher in a recognised school shall not be remunerated out of moneys provided by the Oireachtas where the person is not a registered teacher or where the person is removed or suspended from the register. Section 6 substitutes the existing section 30 of the Act and updates the existing wording to cross reference an amendment made to the Education Act 1998 under the Education (Amendment) Act 2012 to make provision for the employment, in certain exceptional and limited circumstances, of persons who are not registered teachers; and amendments being made under this Bill to sections 44 and 47 of the principal Act, which I will outline later on.

Section 7 amends section 31 of the 2001 Act to make it mandatory for the Teaching Council to obtain and consider a vetting disclosure before initially putting a teacher on the register.This is already the practice of the Teaching Council on an administrative basis since Garda vetting was introduced in September 2006. The Bill makes statutory provision for vetting disclosures from the bureau to be assessed for all new applicants for registration. It provides for the council to consider a vetting disclosure in order to determine if a person is a fit and proper person to be admitted to the register and that the council shall refuse registration where the person has not consented to vetting or where the council, in accordance with this section, is not satisfied that the person is a fit and proper person to be registered. It also provides for a revised text in regard to the powers of the Teaching Council to make regulations in respect of initial registration. This section also makes some technical amendments to the existing provisions which provide for the council to refuse to register a person where the person stands removed or suspended from the register and for the council to register a person with conditions.

Section 8 makes provision for transitional arrangements to deal with applications for registration that were received prior to the coming into operation of section 7. Section 9 places a requirement on a person to provide his or her consent to vetting at initial registration or where he or she is requested by the council to do so for the purposes of renewal of his or her registration. Section 10 provides that where a teacher’s initial registration is subject to conditions that have been applied by the High Court following an appeal, the teacher shall be removed from the register where he or she fails to comply with any of those conditions.

Section 11 amends section 33 of the principal Act to provide for revised text in regard to the powers of the Teaching Council to make regulations for the purpose of renewal of registration which shall, inter alia, provide for the form and manner of an application for renewal of registration and the documentary and other evidence that the council may seek to enable it to satisfy itself that a person is a fit and proper person to have his or her registration renewed. This section also makes provision for retrospective vetting and re-vetting arrangements for registered teachers in the context of renewal of their registration. It is aimed at ensuring that all registered teachers who have never been vetted are vetted and that provision is made for periodic re-vetting of registered teachers on an ongoing basis. It is not intended that all 90,000 registered teachers will be vetted on each annual renewal of registration.

The section allows the council to plan and undertake such vetting in a structured and phased manner and sets out what the council will have regard to when considering whether to seek a vetting disclosure in respect of a teacher for renewal of his or her registration. In that regard the section will enable the council to prioritise the vetting of those teachers who were never vetted under the non-statutory arrangements, to subsequently address those who have been vetted under the existing non-statutory arrangements but who have not been vetted under the new statutory vetting arrangements and to provide thereafter for periodic re-vetting of all registered teachers to be undertaken on an ongoing basis.

It also makes provision for the Teaching Council to notify a teacher in good time where it intends to seek a vetting disclosure as part of renewal.

The section outlines when the Teaching Council shall refuse to renew a person's registration such as where a teacher has failed to comply with a vetting request within the required timeframe and it has not been in a position to determine if he or she is a fit and proper person to have his or her registration renewed. The section also provides that a teacher may, within 21 days, apply to the High Court for an annulment of a decision by the Teaching Council to refuse to renew his or her registration or renew it subject to conditions. The amendment will bring the renewal stage of the registration process into line with other stages of registration where such an appeals mechanism is already in place such as initial registration stage or removal from the register following an inquiry under the fitness to teach procedures.

Section 12 is a technical amendment to provide that where, prior to section 11 coming into operation, the period for compliance with a condition imposed during initial registration exceeded the period of the initial registration and the person's registration is subsequently renewed, such renewed registration will be subject to the original condition for any remaining outstanding period for compliance.

Section 13 amends section 34 of the 2001 Act which prescribes a notice period of one month following the expiry of a teacher's registration to be provided for a teacher who fails to apply for renewal and for that teacher to be removed from the register at the end of that month unless he or she has applied for renewal and paid the relevant renewal fee to the Teaching Council within that one month period. Section 13 of the Bill amends section 34 of the Act to provide that, in the case of a teacher who is required to comply with a vetting requirement at renewal of registration stage, the notice period provision will apply only where he or she has complied with these vetting requirements. The existing section 34 also requires that where an application has been made for a fitness to teach inquiry under Part 5 of the Act and the relevant person fails to apply for renewal of registration, he or she shall not be removed from the register until such time as that inquiry is completed. This provision, with a number of others, is also being amended to be consistent with changes being made to the wording of Part 5. These include changing the word "application" to "complaint" and "applicant" to "complainant" and making specific reference to the various provisions of Part 5 under which a fitness to teach process can reach conclusion. Similarly, section 14 simply amends the wording of section 35 to be consistent with other changes being made to wording and to make specific reference to the various provisions of Part 5 under which a fitness to teach process can reach a conclusion.

Section 15 of the Bill amends section 42 of the 2001 Act which sets out the procedures for dealing with complaints against teachers and the role and processes to be followed by the director and the investigating committee in respect of such complaints. Section 15 of the Bill is necessarily detailed so as to set out clearly the powers and procedures applicable at the preliminary stages in the fitness to teach process, including in relation to the treatment of vetting disclosures. It amends section 42 of the Act to outline a range of matters which may be the subject of a complaint against a teacher such as contravention of education legislation, professional misconduct, poor professional performance, conduct contrary to the code of professional conduct for teachers, erroneous or fraudulent registration, medical unfitness, or convictions for an offence triable on indictment. Under this section, the Teaching Council may make a complaint in relation to a registered teacher on the grounds that the information disclosed in a vetting disclosure which has been received by the council in its conduit role for schools and ETBs is of such a nature as to reasonably give rise to a bona fideconcern that the teacher may harm or attempt to harm any child or vulnerable person, cause any child or vulnerable person to be harmed, put any child or vulnerable person at risk of harm or incite another person to harm any child or vulnerable person.

Section 15 of the Bill also provides that, where the investigating committee decides to hold an inquiry and the nature of the complaint raises abona fideconcern of harm, the committee shall request the Teaching Council to apply to the National Vetting Bureau for a vetting disclosure in respect of the teacher for the purposes of considering the conduct alleged in the complaint. Where the investigating committee receives a vetting disclosure, the teacher concerned shall be provided with a copy of the disclosure and invited to make submissions. Provision is also made for the employer, where the employer is known to the Teaching Council, to be informed as soon as possible where, on foot of a complaint, there is a bona fideconcern that the teacher may harm or attempt to harm any child or vulnerable person, cause any child or vulnerable person to be harmed, put any child or vulnerable person at risk of harm or incite another person to harm any child or vulnerable person.

The section also outlines the areas of complaint which can be considered following the coming into operation of this Part of the Bill, notwithstanding that the conduct in question occurred prior to its coming into operation. It also makes clear what information and documents the investigating committee may require or request from relevant parties, including the complainant, teacher, school or schools where the teacher is or was employed and-or other parties. The section introduces a threshold to be reached before the investigating committee will refer a case to the next stage of the process. That threshold is reached before further action can take place and the investigating committee must be of the opinion that there is a prima faciecase. This will ensure only those cases which merit a disciplinary inquiry and hearing will be progressed to that stage.

Section 15 also includes a definition of "document" to ensure digital documents or photographs, for example, can be sought by the investigating committee.

Section 16 of the Bill amends section 43 of the 2001 Act which deals with inquiries of the disciplinary committee following referral of a complaint by the investigating committee. Section 16 of the Bill amends section 43 of the Act to outline the steps to be taken by the disciplinary committee and its panels, including the matters to be specified in inquiry reports. These matters are the nature of the complaint, the evidence laid before the panel, the panel's findings, the relevance of the findings to fitness to teach where the complaint related to a conviction and any other matter the panel considers appropriate. Where the inquiry is conducted into a complaint made by the Teaching Council on foot of information in a vetting disclosure it received pursuant to its conduit role for a school or ETB employer and the panel, having regard to the protection of children and vulnerable persons, is satisfied that there is a risk that the person may harm or attempt to harm any child or vulnerable person, cause any child or vulnerable person to be harmed, put any child or vulnerable person at risk of harm or incite another person to harm any child or vulnerable person, such panel's report must specify the nature of the information disclosed in the vetting disclosure, the evidence laid before the panel and its assessment of and conclusion in respect of the risk involved. The Bill also makes provision for the panel to dismiss a complaint where it makes no finding against the teacher.

Section 17 of the Bill amends section 44 of the 2001 Act to add a new sanction to the range of sanctions already provided for and which include removal or suspension from the register or retention subject to conditions. The new sanction is framed in the following terms: to advise, admonish, or censure the registered teacher in writing. Section 17 outlines that an adverse decision of the disciplinary committee, other than a decision to advise, admonish or censure in writing, may be appealed to the High Court. It also provides for references to the Supreme Court to be replaced with references to the Court of Appeal and that, where following an appeal to the High Court, a teacher is suspended or removed from the register and leave is granted to appeal to the Court of Appeal, the relevant court, shall, where the teacher is employed as a teacher in a recognised school, make a direction as to whether the teacher shall continue to be paid pursuant to his or her contract of employment out of moneys provided by the Oireachtas.

Section 18 of the Bill amends section 45 of the Act to provide that, where a registered teacher fails to comply with a condition imposed by the High Court on appeal, he or she shall be removed from the register.

Section 19 of the Bill amends section 47 of the Act to provide that the High Court, where it is has ordered that a teacher's registration be suspended, shall also, where the teacher is employed in a recognised school, make a direction on whether the teacher shall continue to be paid pursuant to his or her contract of employment out of moneys provided by the Oireachtas.

Section 20 of the Bill amends Schedule 3 to the 2001 Act to ensure consistency with the wording of section 42 and provide for the same definition of "document".

Section 21 of the Bill provides for section 24(7)(b) of the Education Act 1998, as amended by section 6 of the Education (Amendment) Act 2012, to be amended to clarify the type of information on the registration status of teachers the Teaching Council is required under section 24 of the 1998 Act to provide for the Minister or an education and training board, including where a teacher has been removed from the register following a fitness to teach process.

Section 22 of the Bill provides for the repeal of section 41 of the Act, reflecting some restructuring of the fitness to teach provisions to bring them more into line with more recent statutes.

Section 23 provides for the Short Title, the collective citation of the Teaching Council Acts and the Education Acts and standard provisions relating to commencement.

During the passage of the Bill I intend to introduce an amendment to provide for fitness to teach hearings to be held in public as the default position, while providing for exceptions, where necessary, to protect the rights of individuals. My officials will consult the Teaching Council on the factors to be considered in such cases. This will ensure the new fitness to teach framework will mirror best practice in disciplinary hearings for other professional bodies.

The changes being brought forward will make a very significant contribution to safeguarding children in our schools and to upholding the high standards of teaching that students and society expect and deserve. I commend the Bill to the House.

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