Carol Nolan (Offaly, Sinn Fein)
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26. To ask the Minister for Education and Skills his role in the appointment of the CEO of the Teaching Council. [24780/17]

Carol Nolan (Offaly, Sinn Fein)
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Given that this has become a contentious issue, what was the Minister's role?

Richard Bruton (Dublin Bay North, Fine Gael)
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Under the Teaching Council Acts 2001 to 2015, the Teaching Council appoints the director. The legislation requires the council to obtain the consent of the Minister for the procedures the council proposes to apply. In addition, the Ministers for Education and Skills and Public Expenditure and Reform must give their consent to the contractual terms and conditions of the director.

The Teaching Council, in advance of the expiry of the five-year term of office of the director, communicated to my Department in December its intention to reappoint the incumbent director and sought my consent for the procedures it proposed to use to make the appointment. The council later brought to the attention of my Department an issue regarding the contractual arrangements and at one point rescinded its original decision to reappoint the director due to perceived potential contractual difficulties. However, I consented to the procedures and my Department clarified the contractual terms, which provide for a fixed-term contract in the context of the continuation of a secondment arrangement. Following its meeting on 8 May, the council offered a new contract to the director, the terms of which were agreed by my Department with the Department of Public Expenditure and Reform.

The Deputy may wish to note that the reappointment of a chief executive or director of a public body for a second term is consistent with Government policy applying to public bodies generally.

Carol Nolan (Offaly, Sinn Fein)
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The Minister is aware that the salary of the CEO is believed to be in the region of €120,000. Many newly qualified teachers will find it very difficult to comprehend how such a highly paid role can be automatically renewed without any public competition. Newly qualified teachers are put through a rigorous interview process, so how can this be right? Is it one law for some and another for others?

The Teaching Council has been tasked with the carrying out of important initiatives, such as the implementation of the fitness to teach legislation. It requires the confidence, support and respect of its members. Surely an act like this undermines all of that. The Minister stated that he had given his consent, but does he approve of the automatic reappointment without a public competition?

Richard Bruton (Dublin Bay North, Fine Gael)
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I should point out that the appointment of the director in 2012 followed a public selection process. This individual was chosen following an open and fair competition process. There was not an automatic reappointment. The board of the Teaching Council decided that it was its preference that this individual would continue to do the work that he was undertaking, and for good reason. The director has undertaken a great deal of reforming work that is in train.

The board's concern related to a legal question as to whether the appointment for a second term would give rise to a contract of indefinite duration, in other words, the individual would become permanent for all time. That issue was required to be resolved. The individual has been appointed for a second term, but that does not contain a commitment to continue his service beyond that term.

It is often the case that when the board of a State body has confidence in a particularly good individual, it will reappointment him or her for fear of losing the individual. That is the situation in this case. The board recommended and we resolved the issue.

Carol Nolan (Offaly, Sinn Fein)
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The chair of the Teaching Council stood down because he felt that this position should have been open to public competition. Surely to God that is a serious enough issue for the Minister to take into consideration. It is also my understanding that several members of the board wanted the appointment to be open to public competition, yet it was not.

I am not aware of any difficulty in terms of the CEO's performance, but the process that was followed was not fair. It does not seem right that such a process was in place and that someone could be reappointed automatically.

Will the Minister investigate this matter and ensure the position is subject to public competition in future? The chair stepped down and several members of the board expressed concerns about this issue.

Richard Bruton (Dublin Bay North, Fine Gael)
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I am not privy to the deliberations of the board. It must make up its own mind about any office. The board recommended in December that this individual be reappointed. The concern that was brought to my attention did not relate to the board's wish to have an open competition, but its fear that a legal question would arise whereby an individual who was given a second term could then have an indefinite contract. That was the issue that was sought to be resolved. Following its resolution by my Department using precedent from other circumstances and designing a contract that would protect against that eventuality, the Teaching Council decided in December to proceed with its original decision, namely, to reappoint the director. That was entirely fair and in accordance with proper procedure. It is not a requirement that every time a post comes up, a person in position would be required to enter a fresh competition. This individual was selected by competition in 2012 and the board wished to reappoint him. The issue that needed to be resolved was resolved and the board has confirmed that position.