Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I move: "That the Bill be now read a Second Time."

I am pleased to bring this Bill to the House. This Bill is very short and consists of a number of amendments to the Teaching Council Act 2001. The amendments are of a technical nature which are designed to cover a legislative lacuna in the teaching council. This lacuna became apparent only recently and I wish to resolve this situation as soon as possible. It concerns a technical issue relating to the first elections to the council, which were held in 2004.

Under the Teaching Council Act, 16 of the teaching council's overall membership of 37 were elected directly by teachers, either employed in or qualified to teach in primary or post-primary schools recognised by the Department. Of the remaining 21 members, 16 were nominated by the education sector partners — trade unions, school management bodies, parents' organisations and third level institutions. There are five direct appointments by the Minister. As is the normal practice, all members of the council ultimately hold their appointments from the Minister for Education and Science.

The Teaching Council Act 2001 provides that the elections had to be held under regulations made by the Minister for Education and Science. In accordance with the provisions of the legislation, the regulations, which are known as the Teaching Council (First Election of Members) Regulations 2004, SI 916 of 2004, were signed into law on 10 September 2004 by the then Minister, Deputy Noel Dempsey. While the elections were held under the required regulations and these regulations were, in turn, made in accordance with the Teaching Council Act, it recently became apparent that the relevant provisions of the Act were not commenced when the regulations were made, thus raising a potential question about the legal basis for the elections.

The amendments covered by this Bill retrospectively validate the power to make these regulations, thus ensuring there can be no question about whether the elections were held in accordance with the Teaching Council Act. Given the overall membership of the council is closely linked with the elections, these amendments will also ensure there can be no issues in relation to the nominations and appointments to the council.

It should be noted that the legal lacuna addressed by the terms of this Bill does not have any impact upon the work of the teaching council. The council was launched almost a year ago in the Royal Hospital Kilmainham on 28 February 2005 so that its members can undertake the necessary preparatory work in advance of its formal establishment. The Teaching Council Act provides that the council cannot have any legal standing until its formal establishment day, after which it formally and legally commences its operations.

This lack of legal status until establishment day also means the members of the council will have to be reconfirmed in their appointments once the council has been formally established. This process is normal for statutory bodies of this nature, such as the National Council for Special Education, where memberships are appointed in advance of formal operations commencing at a later date.

At the launch of the council, I indicated my wish that its establishment day should occur in March of this year. It is intended, following consultation with the council, to confirm the precise date over the coming weeks and at this stage I am pleased the deadline will be met.

Although the council does not have a legal status at present, since its launch in February 2005 it has undertaken a great deal of preparatory work so it can fully meet its obligations after establishment day when it will commence operations on a phased basis.

Under the able leadership of its chairperson, Ms Joan Ward, the council has recruited staff and it has secured an office premises. The three statutory committees and standing committees of the council have been established on an informal basis and the members of each have been working very hard over the last six months on their respective areas of responsibility so that their preparatory work will be well-advanced prior to the council's legal establishment. I would like to thank all members of the council and its staff for their efforts in this regard.

For example, the registration committee has also completed its procedures for the registration of teachers and the recognition of teaching qualifications so that the council can begin work on this immediately after its establishment day, as set out in the Teaching Council Act. Similarly, a great deal of work has been done by the education committee on codes of professional conduct and practice for teachers, which are currently at draft stage and will be subject to a widespread consultation process later this year. The investigating and disciplinary committees have also undertaken a large body of work into what will undoubtedly be difficult but important areas for the maintenance of standards for the teaching profession.

Deputies may be aware that the Teaching Council Act sets out three wide-ranging and ambitious objectives for the council. In essence, the teaching council is concerned with teaching rather than the narrower focus upon teachers. Its objectives cover the regulation of the teaching profession and the professional conduct of teachers, in addition to initial teacher education and training, as well as the continuing education, training and professional development of teachers. The council will have a strong developmental role in regard to the education and development of teachers to ensure we will maintain the current very good standards of teachers and schools. The council will not merely be concentrating upon the professional conduct or competence of individual teachers, although it is recognised that, for a minority of teachers, these may well be issues which have to be addressed. It is important when dealing with such matters that they are approached with integrity, fairness and balance and I am confident that the council will do this.

While I am pleased with the level of preparatory work undertaken in readiness for the full commencement of the council's functions after establishment day, the council will face a number of challenges as it creates for itself a position of genuine respect and credibility on the education landscape. As the regulatory body for the profession of teaching, the council has real potential to secure and enhance the status of this vital profession in the eyes of people throughout the country. By successfully meeting the challenge of acting as a focus for all that is best in the profession of teaching in Ireland, the council will do much to diminish any concerns around the concept of self-regulation. We have been well served by teachers throughout the generations and it is right and proper that we entrust them now with a much greater say in the regulation of their own profession. I have no doubt the Council will rise to that challenge and, in doing so, ensure the high standards achieved to date in regard to both teachers and teaching continue into the future.

I look forward to providing further information over the coming months on the work of the teaching council and I also look forward to its establishment day next month.

Olwyn Enright (Laois-Offaly, Fine Gael)
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I welcome this Bill and look forward to the formal establishment of the council next month. This is important legislation that is long overdue. It will lead to the maintenance and improvement of the education and training of teachers as well as promoting teaching as a profession. I hope the teaching council will also examine issues such as the shortage of male teachers and will have a role in trying to make the profession more appealing.

I was bemused by the Minister's use of the phrase "legislative lacuna". Perhaps she consulted a thesaurus to find the most polite way to describe what I can only describe as an error. I am also amused that she specifically noted that the regulations were signed into law by her predecessor.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It was not his fault.

Olwyn Enright (Laois-Offaly, Fine Gael)
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In that case, where does the fault for this important error lie? Ultimately, Ministers are responsible for legislation produced by their respective Departments and errors therein.

The original Act provides that the Minister shall take all necessary steps to secure the appointment of members of the teaching council. The failure to appoint the council due to an error indicates the legislation was sloppily enacted. I highlight this point because a large number of departmental staff are available to ensure events such as the launch of the legislation, which was held on 28 February last at the Royal Hospital Kilmainham, run smoothly. Ensuring that adequate attention is given to the legislation is more important than photo calls. It is vital that legislation passed in the House is good.

The areas for which the teaching council has responsibility include the training of teachers, professional standards and competence and the quality of teaching. This brings me to a point raised this morning on the Order of Business regarding the register of persons considered unsafe to work with children. The teaching council will deal with fitness to teach and the original Act contains strong guidelines on how this will be done, including provisions for the holding of disciplinary hearings and a right of appeal for teachers subject to such hearings. In addressing suitability, the issue of vetting teachers or considering whether a person is unsafe to work with children will arise in some shape or form. However, as vetting is not governed by legislation, the teaching council will have a problem in making decisions in this area because it will be required to operate under guidelines dealing with professional ability as distinct from personal suitability. I ask the Minister of State to consult her colleagues, the Minister of State with responsibility for children, Deputy Brian Lenihan, and the Minister for Justice, Equality and Law Reform, Deputy McDowell, to ensure legislation on vetting is introduced. While it may not be the function of the teaching council to deal with vetting, consideration must be given to introducing a mechanism which would enable it to examine this issue. I ask the Minister to respond.

The Fine Gael Party does not oppose the Bill on the grounds that we, too, want the teaching council to begin its important work without further delay.

Jan O'Sullivan (Limerick East, Labour)
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Government incompetence is the reason the Bill is before the House. Given that the work required to ensure appointments to the teaching council conformed to legislation was not done, "lacuna" in this context is a fancy word for incompetence. With competence part of the remit of the teaching council, it is ironic that the Department has set such an early example of incompetence to representatives of teachers and other bodies on the council. I accept, however, that the error must be put right and the Labour Party does not propose to obstruct the Minister in doing so.

Nevertheless, I ask for clarity on several matters. The Minister indicated that the establishment date for the teaching council has not yet been set and difficulties are unlikely to arise with regard to the appointments or the preliminary work carried out by the council. She also indicated the council has already done extensive and good work. Will she assure the House that problems will not arise with regard to the appointees or their preliminary work?

I have a document featuring a lovely photograph taken on 28 February 2005 at the event to which Deputy Enright referred and featuring some familiar and not so familiar faces of those appointed to the teaching council.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It is perfectly gender balanced.

Jan O'Sullivan (Limerick East, Labour)
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It appears to be gender balanced and I see some strong minded people from parents' organisations, schools bodies, teaching unions and so forth. I wish members of the teaching council well and hope they will be successful. Its membership suggests it has the potential to be a strong body.

The teaching council has general responsibilities with regard to standards, procedures and criteria for recognition of new entrants, drawing up codes of practice etc. The most difficult aspect of its work will be to investigate and, where appropriate, apply sanctions in relation to professional misconduct or fitness to practice of any member. Other professional bodies, including the Medical Council and Law Society, have a similar responsibility. In the latter case, it is argued that more outsiders should be involved in assessing how the legal profession operates.

Certain procedures are already in place for dealing with teachers who are not doing their job as well as they should. Having discussed this issue with various bodies at the Joint Committee on Education and Science, it is clear these procedures are difficult to implement. For example, it is extremely difficult to remove teachers who are not performing. I am aware, however, that everyone's rights must be protected in such circumstances. Despite the slow and cumbersome nature of the procedures and the fact that few teachers have been removed from their positions, nevertheless they are available. I understand different procedures apply in different educational sectors, for example, as between the VEC, private secondary school and primary school sectors. How will the current procedures interact with the teaching council's role in this area? Clarity is required in these matters to ensure conflicts do not arise between the role of the teaching council and provisions contained in other legislation. The teaching council will need to have access to good legal advice which I assume will be provided in respect of this aspect of its work. Will the Minister clarify these points?

On the Order of Business this morning, Deputy Stanton and I asked when a Bill would be introduced on a register of persons considered unsafe to work with children, a matter Deputy Enright has also raised many times. Deputy Enright also raised the issue of vetting. Yesterday, I received a reply to a parliamentary question indicating that vetting procedures are still not in place for occupational groups, including teachers, other than special needs assistants, drivers, assistants for transport for children with special needs and so forth. Everyone involved in education, including the Minister, wants rapid progress to be made in this area. I am aware a vetting unit has been established in County Tipperary but what progress has been made in extending the register to other groups? This issue links in to the Bill.

One could raise a number of general issues in this debate, including questions on teaching, the changing role of teachers and the difficulties they face in carrying out additional responsibilities, such as tackling bullying and dealing with social interaction. On the issue of support for teachers, many in the profession believe insufficient time is allocated to in-service training. A variety of other support mechanisms are also needed for teachers and, in particular, school principals who have a significantly larger workload in areas such as special needs as a result of recent legislation.

While we could bring many wider issues into today's debate, I appreciate that we have limited time. The Labour Party will not oppose the Bill and we would like to see the teaching council operational as quickly as possible.

Seán Crowe (Dublin South West, Sinn Fein)
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I welcome the opportunity to speak on this Bill. With the Chair's indulgence, I thank the Minister, her staff, the school principal and members of NEPS who weighed in recently in the Firhouse area. While we spoke earlier about mistakes that have been made, in a tragedy such as this one, all the resources came together, which shows we have the ability. The same was true in the case of the school bus tragedy in Meath when all the help came together for those affected. On behalf of local people, I thank all the professionals who rallied around the community and are helping people through this awful tragedy.

I welcomed the introduction of the Teaching Council Act. I do not understand this lacuna — is it le cúnamh Dé? An error has been noticed and needs to be addressed. It is surprising how long it has taken to get the council operational. We are discussing the Teaching Council Act 2001 and it is only in 2006 that we are establishing the council. The delay is frustrating for us all, including, no doubt, the Minister. I understand the original Bill was supported by all sides of the House, as everyone understood the importance of the teaching council.

The council holds great potential to ensure that, possibly for the first time, educational issues such as teacher training are placed in the competent hands of professionals. With the teaching council teachers are being given a level of self-governance akin to what lawyers and architects already have. Teachers' unions such as the INTO have for years called for the establishment of such a council. I understand Scotland has had a teaching council since 1966. While it has been a long time coming, it is welcome. It is the first independent body to regulate key aspects of the teaching profession. Some 22 of the 37 council members are teachers, 16 of whom were nominated by teachers. It is a positive development.

The Minister referred to the first gender-balanced election in the history of the State. However, it would be wrong not to have gender balance, particularly on the teaching council, because of the imbalance in favour of women in the profession. The teaching profession as a whole needs to be promoted and the council may help in this regard. Not only will it establish and maintain codes of conduct for teachers, but it will help represent the teaching profession on issues relating to education.

The Act will provide a significant level of self-governance of the teaching profession, which is positive and should help to empower teachers. I noted what Deputy Enright said about vetting procedures etc., which the Minister will need to prioritise. There is considerable concern over the length of time it has taken to introduce the guidelines on the suitability for teachers. While I understand that difficulties exist, the lengthy delay is unacceptable.

Ultimately, giving more power to teachers who have invaluable day-to-day teaching experience in the classroom and therefore know what needs to be improved and changed is a progressive step. I support the council, which is overdue. It is inconceivable that it should take so long to get it operational and in her reply I ask the Minister to explain it to me, as someone who is not familiar with these long delays. While the Minister referred to a formal "establishment day", we seem to have waited an incredibly long time from the passing of the Act by the House to having the council operational. I understand the need to get resources and I accept the explanation from the Minister, which indicated that considerable work was carried out by the council in preparing for its official establishment. It has been dragged out for a long time.

Finian McGrath (Dublin North Central, Independent)
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I welcome the opportunity to speak on the Bill. Before addressing the details of the legislation, it is important to thank and commend the dedicated and magnificent work done by teachers. I praise the vast majority of INTO, TUI and ASTI members who provide a great service every day in our schools. It is also important to support and value our teachers. It is time to challenge the cynics and teacher-bashers both in this House and outside. The vast majority of these smug individuals would not even last an hour in a classroom, never mind five to six hours every day. It is time for a reality check and it is the responsibility of all Members of the Oireachtas to nurture, support and back our teachers 100%.

Any society that ignores its teachers is doomed to failure. Education is a key element in any state, as it represents a major avenue out of poverty for the weaker sections of society. If we want to end poverty and make it history, education represents the way out and the way forward, which is why we need to invest more in early and pre-school education. This investment should be a priority for any government with a social conscience. We need a Chavez approach to disadvantage. We need to take the money and resources and spend them on the poorest sections of society. The money needs to be spent on housing, education, jobs and investment. A three-pronged attack on poverty is the only way to address this matter once and for all.

I get angry when I hear people talking about the wealth in our economy but forgetting about the sections of society that have been left behind by the Celtic tiger. I am talking about the many areas in this city and particularly on the north side where on some streets 52% of the children are not even ready for primary school. The gap between the average middle-class child and the children in these streets is so big that they are way behind. Some 26% of those children are living in homes with major issues of dampness and serious disadvantage. In some parts of the country 31% of children are showing major dysfunctional behaviour problems before starting school or once they get into the system. These issues also concern the teaching council. I link the debate on the teaching council to respect for teachers, the value of education and the importance of investment in the broader society.

I strongly welcome the Teaching Council (Amendment) Bill, which is progressive. The formation of the teaching council was a positive move, particularly in terms of the equality issue. The purpose of the Bill is to correct a legislative difficulty concerning the teaching council. The issue relates to the Minister's power to make regulations governing the first election of members to the teaching council in circumstances where the relevant applicable provisions of the Teaching Council Act 2001 had not been commenced. The Bill will declare that the requirement in the 2001 Act to commence the relevant sections will not serve to invalidate the regulations made by the Minister on 10 September 2004 in respect of the first election of members to the teaching council or anything done under those regulations. It is important we get that right and that it is done properly.

Section 2 provides that a number of sections of the Teaching Council Act 2001 are deemed to have come into operation on the date they were made, that is, 10 September 2004. The sections relate to the 2001 Act's Short Title and commencement, interpretation, the making of regulation and orders under that Act, the legal status and objects of the council, its membership, and the election and appointment of members.

In dealing with issues concerning the teaching council, it is important that we examine the question of professionalism in teaching. There have been attacks on teachers and education in other countries, and we have seen the dumbing down and the devastation of many schools in other societies. I am concerned that we are going down that road. We must ensure that we attract quality people who are interested in teaching into the profession and then maintain the highest standards in terms of suitability.

It is important to nail on the head the fact that being a good teacher is not just related to the points issue. Some people take the view that if a person gets so many hundred points, that is sufficient to be a good teacher but that is not the reality in the teaching world. I welcome the fact that men and women in their 30s and 40s have gone back to college because they discovered an interest in education. Those people will bring a new insight to education and to working with and understanding children.

The old system — we are often critical of some of the systems that operated in the past — was a progressive one. It was not just a question of getting so many honours; there was also a very sticky interview to be undergone. I recall doing the interview for St. Patrick's College after getting the so-called call to training, which in those days was a major honour. If somebody in a town or village got a call to training, it was like winning the All-Ireland. When someone got the call to training, they went to Dublin and were interviewed by psychologists, teachers and educationalists who decided whether the person was suitable to work in the primary education service. That was a good system because it gave another dimension to ensuring the right people went into teaching. There has been a debate about vetting but that was an important stage in determining people's suitability to work in education. The old system was an important one. I accept people must have basic academic standards but we also need people who value the job and the children with whom they work. The must enjoy the job. The main complaint of those who worked in the job but dropped out of the system was that they did not enjoy the job.

At the same time, tens of thousands of people in the system currently enjoy the job but there are the cynics and the whingers on the ditch who give out about them and talk about long holidays, short working days and so on, which is a load of rubbish when one considers the amount of work done in the school day to provide education. A good teacher is like an actor. They are on stage for five or six hours every day. One can see the exhaustion on the face of an actor who has performed a play for two hours. It is important that we understand the same applies to teachers.

The idea of a teaching council is to be welcomed. We must also welcome the professionalism needed in the job and develop that. I welcome also the Minister's recent proposal to get more males involved in education because there is an imbalance in that regard. We must ensure we achieve the appropriate balance in education. We all have a responsibility to highlight that teaching is an enjoyable profession and reasonably well paid now. It is a job that many men should consider. That is important. I welcome the Teaching Council Bill. There has been great support for it from the various teachers' unions and for dealing with the issue of the quality and professionalism of teachers. We all want to develop the system.

I am aware the Minister is prioritising disadvantage and children with special needs as part of her focus over her term as Minister for Education and Science, and I welcome that, but she cannot fudge the class size issue. She must tackle that problem head on.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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We are tackling it this year and next year.

Finian McGrath (Dublin North Central, Independent)
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I am putting that down as a marker.

In focusing funds on disadvantage and children with disabilities, it is important the Minister also prioritises early education if we are serious about tacking problems at pre-school and junior infant level. That is where resources and money should be targeted and that is where the Minister will make a difference. It is important that we focus the resources, services and back-up teams in those areas.

I welcome the Minister's recent announcement that she proposed to add a number of schools to the disadvantaged schools list, which I understand is now 750, that will get additional resources and money. Since that announcement, however, a number of schools not included in the list contacted me and I urge the Minister to examine the position of those schools. It is not acceptable that schools with 80% and 90% of children from disadvantaged homes are not getting the same resources and support as other schools. I emphasise that important aspect.

I welcome and support the legislation. It reflects the view of most people with an interest in the education service, be they politicians, teachers or parents.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I thank my colleagues for their support in taking the Bill and their support for the teaching profession generally, which was my former profession. When Deputy McGrath talked about the need for more males in the classroom I am sure he is not wishing himself back in the classroom after the next election, nor would we wish that upon him. This is a good opportunity for us to talk about the work of schools and teachers, particularly in the context of a teaching council, the result of which will be to enhance the status of teachers and teaching throughout the country in an already well-respected profession.

Specific issues that have been raised regarding the teaching council include the question of vetting, which is an important issue for the education service generally. Many discussions and negotiations have taken place between my Department and the Garda vetting unit to determine how we can progress this area and decide on the first group of people to be vetted in an expanded service. We will come forward with proposals on that shortly. The improved capacity of the vetting service in Thurles means it will now be able to cater for far more people, and we are working closely with the people involved in that regard.

On the fitness to teach question raised by Deputy O'Sullivan, specific requirements are laid out in the legislation as to how that should be addressed. It is dealt with under "fitness to teach" in Part 5 of the Act. The interaction between the Department of Education and Science and the teaching council means that all local mechanisms and procedures must have been exhausted before it gets to the level of the teaching council. Following that, the definition of "professional misconduct", for example, is specifically set out. It is defined as conduct contrary to the code of professional conduct as established by the teaching council, engaging in any improper conduct in his or her professional capacity or otherwise by reason of which he or she is unfit to teach. The current procedures under the Education Act must be exhausted first, and the process then works its way through the teaching council.

It is for those reasons and the type of legislation in place, and the requirements that are upon them in the teaching council, which are of a serious nature, that it has taken so long to reach its establishment date because from the day it is established, it is operational. It is responsible and has to be able to do what is set out under the legislation. By setting it up last year, a full year in advance, the teaching council was allowed do the preparatory work I outlined so that as soon as the establishment date arrives, hopefully at the end of next month or so, it will be in a position to deal with it. That time allowed us to recruit an excellent director in Áine Lalor who is giving tremendous direction and leadership to the council. The council is a hugely important initiative for the teaching profession. There are many professions that seek self regulation. It is a great challenge for people to ensure they are balancing the rights of the teachers in schools to fair procedures and processes against the rights of a child or student to an education, that they are ensuring the status and enhancement of the profession and all the other regulations laid out for them.

We all recognise the role of the teacher in the community. Deputy Crowe is correct. I spoke with the two school principals in Firhouse yesterday and heard from them the work they are now dealing with on the ground in the face of such a terrible tragedy in that community. The way they are able to respond in such a professional yet sympathetic way to the needs of the community and the children in their schools has to be commended. They too, like Deputy Crowe, commended the inspectorate, NEPS and the whole support structure that comes into play. I will certainly pass on his kind comments because it is in such circumstances that everybody needs to rally round. It proves yet again that the school is a focal point in the community. I saw it happen in Navan and in individual cases where pupils, parents, and past pupils rallied to the school as the centre of their support structure. It is hugely important that those teachers and those schools should continue to be supported.

The teaching council is another element in that support and in providing the regulation and so on. I look forward to addressing the lacuna. The prize for the best bilingual joke I have ever heard goes to Deputy Crowe. I look forward to the Bill being passed today, le cúnamh Dé.