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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)

Jan O'Sullivan: The Deputy is referring to section 15. We are discussing amendment No. 15 which relates to section 11.

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

Jan O'Sullivan: One way or another an industrial dispute would not be a reason to consider someone to be unsuitable as a teacher. I would like to make that clear, irrespective of which section is involved.

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

Jan O'Sullivan: We have not yet come to that section. Perhaps I can respond to the point when we come to the section.

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

Jan O'Sullivan: I move amendment No. 16:In page 12, to delete line 4 and substitute the following:“(f) in subsection (8)—(i) by the substitution of “certificate” for “notice” in each place it occurs, and (ii) by the substitution of “under subsection (11)” for “under subsection (7)”, and”. These amendments provide for consistency...

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

Jan O'Sullivan: I move amendment No. 17:In page 12, to delete line 26 and substitute the following:“appropriate. (11) When renewal of registration has been completed the Council shall issue to the registered teacher a certificate of registration in such form and manner and containing such information as the Council may prescribe.”.”.

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

Jan O'Sullivan: I move amendment No. 18:“Renewal of registration subject to conditions 12.The Principal Act is amended by the insertion of the following section after section 33: “Renewal of registration subject to conditions33A.(1) (a) Where the renewal of registration of a registered teacher is subject to conditions to be complied with within a specified period under section 33(7)(c), the...

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

Jan O'Sullivan: This is where a condition is set and the teacher is temporarily removed and must comply with certain things to get back on the register.

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

Jan O'Sullivan: Is the Deputy speaking about the word "temporary"?

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

Jan O'Sullivan: The wording in the Bill is: “that teacher’s registration stands renewed subject to the condition for such portion of the period for compliance". It relates to where extra time is given to comply and the teacher wants more time.

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

Jan O'Sullivan: I move amendment No. 19:In page 13, line 23, to delete "section 42" and substitute "section 42 (as so amended)". These are drafting amendments to ensure that cross-references in the Bill to various sections of the 2001 Act which are also being amended by this Bill correctly refer to those sections as now amended by this Bill.

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

Jan O'Sullivan: I move amendment No. 20:In page 13, line 34, to delete "section 42" and substitute "section 42 (as so amended)".

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

Jan O'Sullivan: I move amendment No. 21:In page 15, to delete lines 2 to 20 and substitute the following:"(1D) The Council may make a complaint to the Investigating Committee in respect of a registered teacher in relation to information, other than in relation to specified information in respect of the registered teacher which relates to conduct of that registered teacher which occurred prior to the coming...

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

Jan O'Sullivan: I move amendment No. 22:In page 15, to delete lines 38 and 39 and substitute the following:"(I) by the substitution of "may refuse to refer a complaint" for "shall refuse an application", and". This amendment aims to ensure that the director is not obliged to refuse a complaint that does not satisfy certain requirements but has discretion on whether to refuse the complaint or refer it to the...

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

Jan O'Sullivan: I move amendment No. 23:In page 16, line 35, to delete "inform the" and substitute "inform that".

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

Jan O'Sullivan: I move amendment No. 24:In page 17, between lines 5 and 6, to insert the following:"(f) by the insertion of the following subsection after subsection (4):"(4A) Where an appeal is made by a complainant under subsection (4) within the time specified in that subsection, the Investigating Committee shall review the decision of the Director which is the subject of the appeal and either—(a)...

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

Jan O'Sullivan: I move amendment No. 25:In page 17, to delete lines 7 to 13 and substitute the following:"(i) by the substitution of the following paragraph for paragraph (a):"(a) Subject to paragraph (b), the Investigating Committee shall hold an inquiry into the fitness to teach of a registered teacher in respect of each complaint—(i) referred to it by the Director under subsection (3)(a), or (ii)...

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

Jan O'Sullivan: I move amendment No. 26:In page 17, to delete line 15 and substitute the following:"(i) "a complaint" for "an application or an appeal", and".

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

Jan O'Sullivan: I move amendment No. 27:In page 18, line 8, to delete "the Council may not consider" and substitute "the Investigating Committee may not consider". This is a technical amendment. The intention of the proposed section 42(7C) as inserted by section 15(i) of the Bill is to provide that where the investigating committee has obtained the vetting disclosure it may not consider specified...

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

Jan O'Sullivan: It refers to the code of conduct of the council, not the Minister, who is not in any way involved in this.

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

Jan O'Sullivan: The council makes the decision, not the Minister, and it would be quite extraordinary if the council agreed to deregister a teacher in this context. When it receives a complaint, the council has to make decisions on the basis of its own codes and its own requirements.

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