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

The amendments are technical and consequential amendments arising from amendment No. 16. Amendment No. 16 substitutes the existing section 33 of the 2001 Act, which relates to renewal of registration. The Bill as initiated made a number of amendments to section 33 of the 2001 Act. Further amendments to section 33 were made on both Dáil Committee Stage, Seanad Committee Stage and on Seanad Report Stage. The substituted section 33 incorporates all amendments made to section 33 to date under the Bill. It sets out the entire provisions of the amended section 33, making it more coherent and easier to follow.

The Bill as initiated amended section 33 to provide, inter alia, for revised text in relation to the powers of the Teaching Council to make regulations for the purpose of renewal of registration and to also make provision for retrospective vetting and re-vetting arrangements for registered teachers in the context of renewal of their registration.

Further amendments to section 33 were made on Dáil Committee Stage. These included amendments clarifying the requirements on the council in relation to notifying a teacher in writing where it intends to seek a vetting disclosure for the purposes of his or her renewal of registration, clarifying the requirements in relation to the council making a decision to refuse renewal of registration on foot of its assessment of a vetting disclosure, providing for a certificate of registration to be issued to teachers, and making clear that where registration is renewed subject to conditions, a timeline may be set within which such conditions must be met.

In addition, on Seanad Committee Stage, amendments were made to section 33 to clarify further the Bill’s wording in relation to the requirements on a teacher in relation to complying with a vetting request within the required timeframe.

Seanad Report Stage amendments, including minor technical and wording changes arising from proofing the Bill, have now also been incorporated in the substituted section 33. In that regard, on Seanad Report Stage provision has been made that in exceptional circumstances where, notwithstanding that a registered teacher has co-operated with a vetting requirement in the context of the annual renewal of his or her registration, a vetting disclosure has not been received from the vetting bureau prior to the expiry of the teacher's registration, or it has been received but there has been insufficient time for the council to obtain and consider any submissions required in respect of that disclosure, the person shall remain on the register until such time as a decision on that person's renewal is made by the council having regard to the disclosure received and any submissions submitted by the person as appropriate.

This is subject to the council making a decision in respect of that person's registration within 21 days after the receipt of the disclosure concerned or where the disclosure contains information of relevance to that person's registration, the council having invited submissions from the person within 21 days of receipt of that disclosure and making a decision in respect of that person's registration within 21 days of receipt of such submissions.

Subsection 15 of the substituted section 33 also now provides that where a person has not complied with a vetting request for renewal of registration purposes, before the council makes a decision in relation to that person’s renewal, the teacher will be offered an opportunity to make submissions to the council as to why he or she did not comply and that the council will consider such submissions before making a decision in respect of that person's registration.

Where the council is not satisfied that there are reasonable grounds for the person not complying with the vetting request, the council shall refuse to register that person. The council may, however, renew the person's registration where the teacher has satisfied the council that there were reasonable grounds for not complying with the vetting request, and having considered any further submissions from the teacher. These provisions ensure a teacher who has a valid and genuine reason for not complying within the required timeframe with a vetting request, perhaps due to incapacity or other exceptional circumstances, is not unfairly removed from the register.

The substituted section 33 also clarifies that where a teacher appeals the council’s decision to the High Court, the teacher will remain on the register during the period of appeal. The only exception to this will be where the Teaching Council, where it considers it to be in the public interest, has successfully applied to the High Court for an order to suspend the teacher from the register under section 47. In such cases, the High Court will, where the teacher is employed in a recognised school, determine whether or not the teacher continues to be remunerated out of moneys provided by the Oireachtas.

Section 33, as amended, now provides also that, following a High Court decision on an appeal, a teacher or the Teaching Council can make a furtherappeal to the Court of Appeal on a specified question of law. In such a case, the relevant court shall also, where the teacher is employed in a recognised school, determine whether the teacher continues to be remunerated out of moneys provided by the Oireachtas. Seanad amendment No. 10 updates section 30 of the 2001 Act to cross reference the new subsection 22 of section 33 arising from amendment number 16. Seanad amendment No. 15 is a consequential amendment to section 9 of the Bill, also arising from amendment No. 16. Section 9 of the Bill inserted a new section 31A into the principal Act placing a requirement on a person to provide his or her consent to vetting at initial registration or where he or she is requested by the council to do so, for the purposes of renewal of his or her registration. Under Seanad amendment No. 16, those provisions in respect of a teacher's compliance with a vetting request for renewal of registration purposes are being expanded and incorporated into section 33 and are therefore being removed from section 9. Seanad amendments Nos. 17, 18, and 20 to 22, inclusive, are also technical amendments necessary to re-number existing references in the Bill to section 33 on foot of amendment No. 16.

See this speech in context