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Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: We can say that too.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: Yes. I have made the point.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: Which one?

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: In respect of a reference to the council’s code of conduct, “that he or she has engaged in conduct contrary to a code of professional conduct established by the Council under section 7(2)(b);” there is an ongoing dispute between the Minister and the Association of Secondary Teachers of Ireland, ASTI, about junior certificate reform. A concern was expressed to me that one...

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: If, in the course of an industrial dispute between the Minister and the teachers about policy changes teachers refuse to implement some of those policy changes, as part of a legitimate industrial dispute, there will be no question of this legislation being used to de-register them.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: My point is about the code of conduct. Under section 15-----

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: I was reading section 15 of the Bill. I apologise.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: I take the Minister's word on that but there is a reference in section 15 to compliance with the code of conduct. In that code, which is not in the Bill, there is a requirement to adhere to the policy of the Department of Education and Skills. Therefore, if teachers engaged in industrial dispute and did not comply with the Department’s policy that code could be invoked as a reason...

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: There may be other references in the Bill to the same idea but it states in this section that "A person (including the Council) may make a complaint to the Investigating Committee in relation to a registered teacher, and the Committee may consider the complaint, where that complaint concerns any of the following matters in relation to the registered teacher". There then follows a series of...

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: The Bill refers to grounds against which a person can complain against a teacher and request that he or she is deregistered. The Minister said she would not do this but another, nastier, Minister might deregister a teacher for being in breach of the code of conduct on the grounds that the law justifies it.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: I am talking about if somebody made a complaint that a teacher was in breach of the code.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: Anybody can.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: That is my point.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: Perhaps the Minister does not understand my point. If the code says that one must comply with departmental policy, which it does, and somebody then complains and says by refusing to implement the junior certificate reform a person does not comply with departmental policy, according to the Bill that could be a basis on which one could request the deregistration of an individual. It is in the law.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: Obviously that would be the case with such a benign Minister as Deputy O'Sullivan, but it is possible legally. It is not beyond the bounds of possibility that somebody might well do that.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: The Minister is aware of unintended consequences.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: I know it is, but it is amazing how people can sometimes construe the law for their own purposes.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: I am just being scrupulous in my scrutiny.

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: With what section are we now dealing?

Committee on Education and Social Protection: Select Sub-Committee on Education and Skills: Teaching Council (Amendment) Bill 2015: Committee Stage (26 Mar 2015)

Richard Boyd Barrett: Is that the final section?

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