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

I am just pointing out that 22 of the 37 members of the Teaching Council are teachers. I wish to make it clear that no case will proceed to a hearing without going through several screening stages which are designed to ensure the complaint merits a full disciplinary hearing. That is clearly provided for. It is a matter of deciding where the balance should lie between default public or default private but no matter which side of that line one opts for, certain information must be made public and provision must be made for private hearings where that is considered appropriate. On the question of whether teachers should be treated differently to doctors or nurses, general practitioners or public health nurses would argue that they are just as much a part of and engaged with their local communities as teachers.

As I have said, this mirrors recently introduced legislation for other professions, with hearings for nurses, midwives and doctors being held by default in public. That is one of the reasons I have come down on the side of a public default position. However, having considered a request by a teacher or a witness and where there is reasonable and sufficient cause, the disciplinary committee of the Teaching Council can decide that some or all of the hearing may be held in private. I must stress the point that hearings can be held in private if the committee decides that is appropriate. This approach supports an important balance of rights: the rights of individuals who are the subject of complaints to privacy, where appropriate, and the public right to expect that regulation is carried out in a fair, open and transparent manner. It can cater for long-standing principles of natural justice in respect of the individual's rights and rights such as the safeguarding of minors or vulnerable adults, the protection of private life and professional reputation and privacy concerning medical issues.

I also plan to include express provision that the registered teacher who is the subject of the hearing is entitled to be represented at the hearing and will be furnished in advance with information about evidence in support of the complaint. As well as the conduct of hearings in public, I will also provide for the publication by the council of the outcome of disciplinary hearings where it is in the public interest to do so and the notification of findings against a teacher to regulators outside the State where that is appropriate. This and the other provisions are in keeping with the arrangements applying to other professional regulators and the legal provisions will be similar to those already existing.

In addition, under the current Act there is provision for an inquiry to be held on the basis of an examination of documents which might be appropriate in some cases. It is intended that this provision will be retained and it is expected that many complaints could be resolved in this way. I am advised and am satisfied that this approach can cater for the types of issues that have been raised in respect of individual's rights. The disciplinary committee will have sufficient discretion to determine when privacy should be employed, having regard to the balance of rights and the need to protect individuals. It will be up to the disciplinary committee of the Teaching Council to decide, where appropriate, that hearings should be held in private. I would like to reiterate that no case will proceed to a hearing without having gone through several screening stages which are designed to exclude less serious complaints that would not merit a full disciplinary inquiry.

I would also like to make reference to the possibility of frivolous or unfounded complaints being made to the council. This matter was also raised on Committee Stage but I am confident that council procedures regarding complaints which will follow from the provisions of the Bill will be robust and thorough enough to ensure frivolous or unfounded complaints are excluded at an early stage in any complaint process. That is why I have indicated that I intend to make it the default position that hearings would be held in public. That said, I wish to reassure the House that there is specific provision that hearings can be held in private should the Teaching Council decide that is appropriate in the particular circumstances of the case.

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