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

Before I deal with amendment No. 1, I wish to make the House aware that there is a number of matters on which I am considering amendments. They are largely by way of further technical changes or amendments designed to bring further coherence to the overall approach to registration, fitness to teach and vetting throughout the Act. I intend to progress them on Committee Stage in the Seanad but I just wished to inform this House. While moving the Bill on Second Stage and on Committee Stage, I also indicated my intention to provide for the conduct of disciplinary hearings in public and I intend to bring forward amendments on the issue on Committee Stage in the Seanad following the finalisation of drafting, having considered the views of stakeholders and Members of this House during Second Stage, Committee Stage and Report Stage. I accept we will deal with this matter in a later amendment.

With regard to the current amendment, section 30 of the 2001 Act provides that a person who is employed as a teacher in a recognised school shall not, subject to certain limited exceptions, be paid from Oireachtas funds where he or she is not a registered teacher and where he or she stands removed or suspended from the register. An extensive communication campaign took place in preparation for the commencement of section 30 in 2014 in order that all teachers would be well aware of the requirement to be registered and the implications of non-registration. While it appears that the intention behind the amendment is to ensure a teacher's salary would not be discontinued without the teacher being informed, there are appropriate provisions elsewhere within the Bill that address the issue. Requirements in relation to the council notifying teachers of decisions made in respect of initial registration, renewal of registration and in relation to fitness to teach inquiries are already in place. Therefore, teachers will, under the amended Act, be notified of decisions in relation to their registration status, including any decision to remove or suspend registration and which impact on payment of salary.

However, given that the Teaching Council is not directly involved in teachers' employment or payment and may not even be aware that a teacher is employed, it would not be in a position to notify teachers of specific changes in the payment of their salaries in accordance with the amendment proposed.

The Teaching Council writes to each registered teacher annually to remind him or her of his or her registration renewal. In this letter it also reminds teachers that only registered teachers may be paid salaries from State funds and urges them not to let their registration lapse. Where a teacher fails to apply to renew his or her registration, the council is required to give him or her one month's notice in writing that his or her registration will not be renewed unless the application and renewal fee are submitted within month. Again, this notice reminds teachers that only registered teachers may be paid salaries from State funds and urges them not to let their registration lapse. In regulated professions the onus is on the practitioner to ensure his or her registration is in place and up to date. This should also be true of teachers. The Teaching Council has put in place simple measures by which teachers can check their registration status at any time. It also takes all reasonable steps to remind teachers that their renewal date is imminent. In this context, it is important that teachers inform the council of any change to their contact details. The legislative and operational measures in place are sufficient. Therefore, I do not propose to accept the amendment.

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