Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance) | Oireachtas source

I move amendment No. 5:

In page 15, line 21, after “constitutes” to insert “serious”.

This group of amendments and the next group are the most serious ones. In fact, they revolve around the word "serious". The thinking behind this amendment was not simply dreamt up by me. It arises out of a judgment in the Supreme Court, the Corbally judgment. In that case a doctor, Dr. Corbally, was admonished by the Medical Council but appealed the decision of the Medical Council to the Supreme Court. The judge made a ruling in favour of Dr. Corbally and there is a connection to this amendment and those which follow this group. The judge was absolutely clear in saying that only serious cases should be brought to fitness-to-practise hearings. He said that qualification needed to be included in the types of cases involving hearings about people's fitness to do their job.

It is fairly obvious why this should be the case, because there is of course potential for trivial, vexatious, unjustified or disingenuous complaints or allegations to be made. That is not to say we should not also have something that is receptive to real, serious, genuine and legitimate allegations or complaints. There is an important balance to be made in this regard. Certainly, we want to exclude cases that are obviously trivial or lacking in seriousness. The particular language the Supreme Court judge used was that it had to be serious.

The Bill has simply not reflected the important caveat put in by the Supreme Court. Indeed, it could make this legislation possibly open to legal challenge as a result. Any hearings that arise from the legislation could be open to legal challenge because it does not have the important qualification about complaints being serious or being about serious misconduct.

This series of amendments attempts to rectify this weakness in the legislation. I did not get a chance to attend the relevant meeting but I understand the ASTI, the INTO and the TUI were in the House yesterday making similar points, although they have proposed somewhat differently worded amendments, which will come up in the Seanad. They address precisely the same issue and require the condition of seriousness when it comes to complaints being made.

I am keen to hear what the Minister has to say. I believe this is important. Certainly, the teachers and their representatives believe this is an important amendment and that it is required in the Bill.

See this speech in context