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Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Section 24.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Page 7. Section 24(7)(c)(ii) reads: (c) Notwithstanding section 30 of the Act of 2001, the Minister, where he or she is satisfied that it is necessary to facilitate— (i) the urgent, temporary or occasional staffing needs of schools, (ii) the continued established tenure of a person in a teaching position under an existing contract of employment... Given that the goal of the section is to...

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Perhaps it is superfluous. Section 24(9)(f) reads: Without prejudice to the generality of paragraph (c ) of subsection (7), regulations made under this section may provide for one or more than one of the following: (f ) a requirement that a school retain and furnish to the Minister evidence that it has been unable to employ a registered teacher in the place of a registered teacher in a...

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: The first issue I raised concerned section 24(7)(c )(ii) which reads, "the continued established tenure of a person in a teaching position under an existing contract of employment, or...". I asked whether this provision was appropriate, given that it would allow the Minister to provide that certain teachers should continue to be paid from the public purse.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: To assist the Minister, there were two other technical queries. It appears a couple of words are missing in section 24(8) which begins with the words "Notwithstanding the Act of".

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Forgive me for asking, but to whom was the Minister referring when he mentioned "right-wing" colleagues of Senator David Norris?

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Would the Minister care to enlighten us?

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: I move amendment No. 33: In page 8, line 50, to delete "a registered" and substitute "an unregistered". I believe the Minister has accepted it. I think we can agree on it.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Would the use of the word "another" be better? This does not seem terribly clear. I take the Minister's point that there is a true meaning which I had not spotted.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: The Minister has given a very good response as to why I should not press it.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: I move amendment No. 40: In page 9, between lines 38 and 39, to insert the following: "(14) The Unfair Dismissals Acts 1977 to 2007 shall not apply to the dismissal of a person employed in a teaching position in a school where the dismissal follows directly from the cessation of the remuneration of that person out of monies provided by the Oireachtas.". The amendment provides for the...

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Is it not one year?

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: Why would it necessarily introduce that effect? The proposal surely operates to the benefit of the school primarily and not the Department. It does not import the notion that the Department is in the role of employer.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: The proposed amendment provides that the legislation shall not apply.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: There is not an implication that the unfair dismissals legislation shall apply anywhere. It is a reassurance to schools that they shall not find themselves in an invidious position.

Seanad: Education (Amendment) Bill 2012: Committee Stage (Resumed) (31 Jan 2012)

Rónán Mullen: That is quite extraneous but I shall resist any temptation to respond.

Seanad: Order of Business (1 Feb 2012)

Rónán Mullen: Yesterday, I stated it would be a good idea for the Attorney General to give her opinion sooner rather than later, but it would not necessarily decide the issue. All we know from the revelation by the unnamed official is that our European partners ensured that nothing they required would force us to have a referendum. This leaves the question open as to whether the provisions of the...

Seanad: Order of Business (1 Feb 2012)

Rónán Mullen: I had not noticed it.

Seanad: Order of Business (1 Feb 2012)

Rónán Mullen: One question is whether the provisions of our Constitution require a referendum to permit participation in such a treaty. There is another argument for holding a referendum, namely, democratic legitimacy. This morning, the Technical Group in the Lower House indicated its intention to avail of Article 27 of Bunreacht na hÉireann if the Government did not seek to proceed via referendum....

Seanad: Order of Business (1 Feb 2012)

Rónán Mullen: Yes. The Technical Group is to be commended for claiming it will seek to the have issue put to the people regardless. I can support the idea. I will reserve my position on the treaty until I have had a chance to consider it, but it should be possible for people to favour a referendum and a "Yes" vote. I will support the Technical Group's petition should it come to this House and I...

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