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Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: I agree with one thing the Deputy said. We do not want teachers to be homogenous and all conform exactly to some picture of what somebody else might think a teacher should be. We have all had great teachers who were different in many ways. The wording states teachers should be fit and proper to be admitted to the register. The word "proper" is not used in the sense of somebody being prim...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: The Act to which I referred was introduced in 2005. It is, therefore, relatively recent. If we were to substitute the word "qualified", the Teaching Council would only investigate whether an applicant was qualified, whereas it needs to ensure he or she has been vetted and deemed appropriate to work with children.

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: The word "qualified", as proposed by the Deputy, would not necessarily mean the applicant was fit, proper or suitable. I am not accepting the amendments.

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: This concerns what regulations the council may make. The Teaching Council Acts of 2001 to 2012 provide that the council may make regulations to require a teacher to satisfactorily complete a programme of continuing professional development accredited by the council as a condition of renewing registration. Section 39 of the Teaching Council Act, which has not been commenced, enables the...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: This is an enabling provision and it would be by way of a regulation that would have to be approved by the Minister. It is not something that is coming in tomorrow, but it is under discussion and consultation through the Teaching Council. In my experience, teachers do engage in continuous professional development, CPD and seek it. I agree with Deputy Coppinger on that. At primary level...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: It will be from the start of the next school year. I was in a school in County Offaly some days ago and I met a teacher there. He specifically told me that he would benefit from this because he would get his contract of indefinite duration from September, and otherwise he would not have got it. It will be in place from the next school year. I wish to address some of the other issues....

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: We are talking here about the decision as to whether a case will be investigated. The question of whether to include an additional descriptor in the provision to the effect that professional misconduct or poor professional performance must be "serious" before a complaint against a teacher can be investigated was fully considered during the drafting of the legislation. Legal advice was...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: That is not what the Bill is about at all. The Bill is about the Teaching Council and its specific role with regard to fitness to practice and vetting. It has nothing to do with the celebration of teachers because the vast majority of teachers do a great job. This relates to a tiny minority of teachers who are causing concern and who may come to the attention of the Teaching Council and...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: The vast majority of teachers do a great job. I have said that in many places where I have spoken publicly. This is simply about the regulation of the profession, which we have in other professions such as the medical profession. In the tiny minority of cases where there is a problem, a process will be in place by the Teaching Council. The council was set up to ensure we support teachers...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: That is the case, Deputy Coppinger. This only concerns cases that are brought to investigation. It will only apply in cases where it is appropriate that they would be brought to investigation. There are then a number of stages to the fitness to teach process within the Teaching Council before it would get to a hearing. It would not get to a hearing unless it was sufficiently serious. I...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: Will get to the point of a hearing is what I said.

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: I do not have anything to add except to say again that case law such as the Corbally case will be available to the Teaching Council in terms of any cases which comes before it to be investigated. As I say, proceeding to a hearing is a different matter in terms of going through the processes within the Teaching Council.

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: Deputy Boyd Barrett is right in saying that this is about a balance between the public interest and the right of teachers to their privacy. It is about getting that balance right and making a decision as to where that balance should lie. That is why I have indicated that I will bring forward an amendment in the Seanad to provide that the balance should be, by default, in public but that in...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: I understand that.

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: I am just pointing out that 22 of the 37 members of the Teaching Council are teachers. I wish to make it clear that no case will proceed to a hearing without going through several screening stages which are designed to ensure the complaint merits a full disciplinary hearing. That is clearly provided for. It is a matter of deciding where the balance should lie between default public or...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: The debate reflects that we need to find a balance and decide whether the default position is that hearings be public or private. Deputy McConalogue and I believe that the default position is that they should be public. I think such transparency sends a message and gives confidence in the profession. It still allows hearings to be held in private where that is judged to be appropriate. If...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: I understand the Deputy's intentions. However, in general, all legislation needs to be kept under review, in case some aspect of it is not operating in accordance with the intentions outlined during its passage. There will be opportunities to follow through on these issues in a variety of ways, including at an Oireachtas committee, if deemed necessary. The provisions of the Teaching...

Teaching Council (Amendment) Bill 2015: Report and Final Stages (17 Jun 2015)

Jan O'Sullivan: I reiterate that what we are doing in this instance is amending the original legislation, specifically as it relates to vetting and the role of the teacher in terms of his or her fitness to teach. We have the usual checks and balances, including the committee which can examine legislation. Therefore, I do not believe it is necessary - it would not be common to do this in legislation - to...

Employment Equality (Amendment) Bill 2015: Second Stage (Resumed) [Private Members] (17 Jun 2015)

Jan O'Sullivan: On behalf of the Government, I thank Deputies from all sides of the House for their contribution to the debate in the past two days. It has been a very positive debate and broad support was expressed for delivering equality to all workers, in particular the teachers who feel oppressed by the current legislation. Deputy Catherine Murphy referred to the devastating effects of...

Written Answers — Department of Education and Skills: Pupil-Teacher Ratio (17 Jun 2015)

Jan O'Sullivan: I propose to take Questions Nos. 190 and 191 together. Information on average primary school class size and pupil teacher ratio is currently being finalised and will be published as part of my Department's Key Statistics Report 2014/2015. This report will be available on my Department's website at the following link at the end of June:

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