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

Amendment No. 6 is to enable the disciplinary committee, for the purpose of carrying out a fitness to teach inquiry, to sit in divisions of itself and where each division is to be referred to as a "panel". The 2001 Act already provided that panels would conduct inquiries on behalf of the disciplinary committee and the revised wording strengthens references in the Act to the role of the panels.

Section 28 of the principal Act provides for membership of the disciplinary committee. Amendment No. 8 removes the provisions in that section that the director will be secretary to the disciplinary committee and that the chairperson of the Teaching Council will be a member and chairperson of the disciplinary committee. These changes are proposed on foot of legal advice received by the Department on the separation of duties in terms of governance roles and the conduct of disciplinary inquiries. The legal advice indicates that it is more appropriate that the chair of the council would not be a member of the disciplinary committee.

Amendment No. 8 also proposes that the council selects eight, rather than seven, of its members who are registered teachers elected to the council or nominated by trade unions to make up the disciplinary committee. The number is being increased to make up for the removal of the chairperson as a member of the committee.

Amendment No. 51 amends section 44(2)(a) of the Bill, as amended in the Dáil, and provides that the disciplinary committee, rather than the director, advises relevant parties of the decision of a disciplinary panel following an inquiry. This is consistent with the removal of the requirement for the director to act as secretary to the committee.

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