Damien English (Meath West, Fine Gael) | Oireachtas source

Seanad Amendment No. 41 provides for the holding of an inquiry under section 43 by a panel of the disciplinary committee where the investigating committee has determined that there is a prima faciecase to answer, following a complaint to the council about a registered teacher This is a redraft of section 43 to make clear the steps and processes involved in an inquiry and the responsibilities of the disciplinary committee and panels. The various avenues for conducting or completing inquiries are also set out.

In summary, the disciplinary committee will write to the teacher informing him or her of the nature of the complaint, including evidence supporting it, and an opportunity for him or her to request that the matter be investigated by way of an examination of documents. If a hearing is to be held, the teacher will be informed that he or she, or his or her representative, may be present to defend himself or herself at the hearing and that he or she may request that some or all of the hearing be held in private. The inquiry will be carried out by a panel of the disciplinary committee, consisting of three to five persons, the majority of whom will be registered teachers. At the request of the teacher, the panel may agree to hold the inquiry by way of consideration of documents and written submissions only, that is, in place of a hearing.

Having considered the complaint, the panel may request the teacher to do one or more of the following and before a hearing takes place: to undertake not to repeat the conduct; to undertake to attend a specified professional development course or such other course as the panel considers appropriate; to undertake to comply with such requirements as may be specified for the purposes of improving his or her competence and performance; to consent to seek the assistance of such services relating to health and welfare as may be specified; or to consent to being censured.

Where a registered teacher gives the type of undertaking I have just outlined, the inquiry will be completed. However, where a registered teacher does not give an undertaking in these matters, the inquiry will continue as if the request had not been made by the panel.

A hearing, if required, will be held in public by default, unless the teacher or a witness, about whom personal matters may be disclosed at the inquiry, requests that all or part of the hearing be held in private and the panel is satisfied that it would be appropriate in the circumstances to do so. At the hearing the director, or any other person with leave of the panel, will present evidence in support of the complaint. Witnesses will give testimony on oath and there will be the right to cross-examine witnesses and call evidence. The panel will be able to receive evidence given orally, by affidavit or other means such as video link. It will have the powers, rights and privileges vested in the High Court in respect of enforcing the attendance of witnesses and their examination on oath or otherwise and can compel the production of documents. A witness will have the same immunities and privileges as if he or she were a witness before the High Court.

For the purposes of the inquiry, a panel may, in accordance with the provisions of the new section 43A, consider information in a vetting disclosure and any submission made on that disclosure. I will outline the provisions of section 43A when dealing with amendment No. 42.

On completion of an inquiry, the panel may make no finding and dismiss the complaint. Otherwise, it will produce a report setting out the nature of the complaint, the evidence considered, the measures where a teacher has given an undertaking, where appropriate, and the panel’s findings. In addition, where the complaint relates to the conviction of a teacher for an offence triable on indictment, the panel must report whether the findings affect his or her fitness to teach. It will also report any other matter it considers appropriate.

Under the Bill, the Teaching Council may make a complaint under section 42 where it has received a vetting disclosure giving rise to a bona fideconcern that a teacher may harm a child or vulnerable person, cause a child or vulnerable person to be harmed, put a child or vulnerable person at risk of harm, attempt to harm a child or vulnerable person, or incite another person to harm a child or vulnerable person. In such circumstances, where the panel is satisfied that there is a risk, in its report it will specify the nature of the information disclosed in the vetting disclosure, the evidence, its assessment of the risk and its conclusion in respect of that risk. Where it is not satisfied that there is a risk, it may dismiss the complaint.

Where a complaint is dismissed, the complainant, the teacher concerned, such other persons as he or she may request and his or her employer will be informed. At the request of the teacher, the panel will publish a notice to that effect.

The amendment involves the deletion of section 17 of the Bill which also provided for amendments to the provisions for an inquiry. However, amendment No. 41 is more comprehensive than section 17 in the original Bill.

Amendment No. 45 amends section 44 of the Act and provides that it is the panel, rather than the full disciplinary committee, which, having completed its report, will determine what measures, if any, are to be taken to sanction a teacher. The original Bill provided for the full disciplinary committee to have this function.

The amendment ensures consistency between sections 43 and 44 and this approach has been taken on foot of legal advice received by the Department.

Amendment No. 3 is a technical amendment consequent to amendment No. 41, which replaces subsection (43). Amendments Nos. 46 to 49, inclusive, replace the term "disciplinary committee" with "panel". The purpose of the amendments is to ensure consistency of language in section 44 of the principal Act, as amended, which provides that it is the panel and not the disciplinary committee which determines what measures, if any, are to be taken to sanction a teacher following the panel's report.

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