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

We are talking here about the decision as to whether a case will be investigated. The question of whether to include an additional descriptor in the provision to the effect that professional misconduct or poor professional performance must be "serious" before a complaint against a teacher can be investigated was fully considered during the drafting of the legislation. Legal advice was obtained to assist in the Bill's preparation with regard to this specific issue. Arising from this consideration and our consultation with the Attorney General's office, it is my view that it is neither necessary nor appropriate to include the word "serious" as proposed in the amendment. Moreover, the current wording is in line with similar provisions in other regulatory legislation.

There are several stages to the fitness-to-teach process, which will provide protection against less serious matters proceeding to the stage of an inquiry. This was a point we debated in some detail in committee. It will fall to the council, as the self-regulator of the profession, to determine which cases proceed and how they are managed. However, in doing so, the council has the benefit of established case law and the experience of other professional regulators, which make clear there must be a level of seriousness in any conduct or performance issue before a decision can be made to proceed to an inquiry and before consequential sanctions can be made against the teacher. In addition, the Bill provides for appeal to the High Court on foot of decisions made following a fitness-to-teach inquiry. I am satisfied, therefore, that the wording as set out in the Bill is appropriate. As I said, we have consulted with the Office of the Attorney General on the matter and taken into consideration corresponding provisions in existing regulatory legislation.

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