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

The debate reflects that we need to find a balance and decide whether the default position is that hearings be public or private. Deputy McConalogue and I believe that the default position is that they should be public. I think such transparency sends a message and gives confidence in the profession. It still allows hearings to be held in private where that is judged to be appropriate. If there was a case involving a mental health issue, as Deputy O'Brien mentioned, it is quite likely that the decision would be made to hold it in private. Obviously that decision would be made by the Teaching Council, which is primarily teachers.

The difficulty is that if the default position is that hearings be held in private, when it is decided to hold a hearing in public, there is a judgment call that this is something that is somehow worse than some of the other cases that are held in private. On balance I have come to the decision that making the default position that hearings be held in public is better for the teaching profession. In the long run having hearings in public will add to people's confidence in the teaching profession while still allowing for hearings in private in circumstances that are considered appropriate. The initial complaint will go through a series of considerations within the Teaching Council before it gets to hold an inquiry.

I accept there is a balance to be struck and people have argued on both sides. As Minister, I have made the judgment call that it is better for the default position to be to hold hearings in public. I am satisfied that is the appropriate approach.

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