Brian Lenihan Jnr (Dublin West, Fianna Fail)

I thank Senators for the broad welcome they gave to this measure and for the quality of the debate. For a while I believed that this truly was a vocational Chamber until Senator Tuffy spoke, because every Member who spoke before her was also a member of the teaching profession. As someone who is not a teacher, I have always been lost in admiration for the very high standard our teachers have set in our schools and for the excellent education system they have provided in this country. There was very little discussion on the point at issue in the legislation, the lacuna in which Senator Ormonde attempted to explore. The lacuna was that the Minister does not commence the section which should have been commenced in order for him or her to make the regulations under it. The present Minister rightly took the view, given the amount of work done already at the Teaching Council, that it was important to ensure that the work would be validated retrospectively and that no doubt would ever be cast on the appointment of the original members of the council. It would have been possible simply to reissue new regulations, but that would be to treat the work that has already been done as somewhat of a hiatus. It is a measure of the respect the Minister has for the work that has already been undertaken by the council that she has decided to embark on this course of a full legislative change to give solidity to what has already been embarked upon, albeit that the establishment date is just a few weeks away.

Senators naturally and properly took the opportunity of the debate to canvass wider issues in the educational system which relate to the functions of the Teaching Council. Senator Ulick Burke raised the issue of illiteracy. His contribution was interesting. He made the point that there is a distinction between illiteracy simpliciter, if one can categorise it as such, and the standards of spoken and written language which currently obtain. He was right to advert to the impact technology has had, although technology should offer opportunities for improvement as well as disimprovement. However, it is an important issue relating to the work of the council because one of the functions of the council is to set the educational standard for teachers not just in terms of initial qualification but also in the area of continuing education, which is so important in our rapidly changing world.

Senator Burke then referred to the issue of unruly behaviour. This is a major difficulty for the teaching profession. There has been a radical change of approach in teaching over the generations. I am descended from a line of teachers and I have seen that radical change. As Minister of State with responsibility for children I am aware of the huge advantage and enjoyment many children derive from their participation in school now compared to previous generations but I am also aware of the pressure this places on teachers. The Minister established a group to examine the issue of discipline in schools and that group will report within the next few weeks. I look forward to receiving the recommendations of the group because it is important this issue is tackled and addressed.

Senator Fitzgerald traced the genesis of this legislation and the importance of the council setting proper professional standards for teachers. Senator O'Toole mentioned that the teachers had requested that this legislation be enacted. I agree with Senator O'Toole that we have had a constructive relationship with the teaching profession, which is very much to be praised. Senator Fitzgerald also raised the issue of the under-performance of teachers. That is not an issue, in the first instance, for the Teaching Council. It should be addressed as part of the normal management of a school. That is the reason there are boards of management and principals. They have a particular function in that regard.

Senator Ormonde touched on this when she asked about the basis of the fitness to practise and disciplinary provisions of the legislation. It is clearly set out that this relates to breaches of legislation or to the violation of a professional code prescribed by the council for teachers. We are public figures in public life so we might advise the teachers to be careful in the formulation of their code. Once it is formulated, however, it will become the basis for activating the disciplinary provisions. Fraudulent or inaccurate registration is another ground. A number of grounds are set out in the legislation. Some Senators were unhappy with comments made in the Lower House about under-performance by teachers. The first port of call with this issue must be the board of management and the principal of the school in question. Clearly, disciplinary questions might arise from that but that is how the issue should be tackled in the first instance.

Senator O'Toole mentioned the autonomy of the council. The council has substantial autonomy under the legislation. The Senator was concerned that there would be a dead hand from the Department on the council but a great deal of work has already been done in the various committees dealing with education, registration, discipline and fitness to practise, so the council can act in an autonomous way. This is part of the constructive relationship the Government and the Department are anxious to have with the teaching profession. On foot of benchmarking we have initiated the whole school evaluation process as well as the Teaching Council and this was also mentioned by Senator O'Toole.

Senator Ormonde referred to the issue of professional standing and the basis upon which discipline should take place. She also raised the vetting issue. We are having discussions with the Teaching Council about this at present. The Garda central vetting unit has been decentralised to Thurles and an increased number of staff have been allocated to it. It is our intention to extend the vetting arrangements to new entrants to the educational system as soon as is practicable. An issue that arises in that context is whether the Teaching Council should have some role in connection with the vetting. A difficulty for the Garda authorities is the large number of employers in the education sector. This issue is under examination in the Department and I hope to be able to make a positive announcement in the near future, to use the immortal phrase.

I was delighted Senator Tuffy raised the problem of absenteeism. It is and was a matter of great concern to this and the previous Government. In fact, the Minister delegated to me responsibility for the administration of the Education (Welfare) Act 2000. One of the points that is not appreciated by Members of the Oireachtas and the public in general is that the responsibilities cast on the Educational Welfare Board under that Act are far more extensive than the simple issue of absenteeism. Indeed, one of the difficulties with the legislation is that it also imposed a wide range of legal obligations on the board relating to the keeping of records by school principals, the return of records to the board and the question of appeals against suspensions and expulsions from schools. A great amount of the welfare officers' time has been consumed in advising parents and students about their rights of appeal against an expulsion or suspension from school.

Senator Tuffy referred to the number of welfare officers. The number of officers engaged is far in excess of the number that were engaged under the old school attendance scheme, although the school attendance officers only had functions in the county boroughs. It remains a sad, incontestable fact that the bulk of the problems exist in the county boroughs and in the new suburban areas around Dublin. That is also where the bulk of the absenteeism occurs. The Senator specifically mentioned the Clondalkin area but there are other areas in the city, Fingal and south Dublin and other borough areas in the State where this difficulty exists.

I am anxious to make headway in tackling this issue but to do so we must consider the different type of child or youngster involved. I have made it clear in my meetings with the board that in primary education we must foster a culture of attendance. The parent must understand that he or she has duties in this respect as well. Since they can procure the attendance of their child at primary school, it is the fundamental duty of a parent to do so. I make no apology for the fact that I have asked the board to embark on prosecutions. No prosecution has taken place under this legislation whereas there was a regular pattern of prosecution under the school attendance legislation. Unfortunately, prosecution is necessary in certain cases to ensure parents comply with their duties. The State cannot physically remove every child and escort him or her to a primary school. Somebody must undertake that obligation.

The argument is made that to bring persons before the courts is a penal measure. However, I have advanced the idea with the board, and the board has considered it, that judges be empowered to refer such parents to a suitable parenting course so they learn to appreciate their responsibilities in that regard. Of course, the problem of attendance at primary school is not as serious as the problem at second level. The fact remains, however, that a certain proportion of children do not attend primary school. That issue must be addressed. We all know primary education is the foundation and that without that foundation we are going nowhere.

Having dealt that way with primary education, I do not see much scope for the big stick when one moves to consideration of second level education. The issues raised by Senator Tuffy relate primarily to students or young persons who do not opt to take second level education. One of the key issues in regard to second level education is the existence of viable alternatives to the formal education system. Some proportion, if not a large proportion of those who are unwilling to participate in second level education, need an alternative approach.

I have asked the board to prepare the necessary regulations under the Act which will provide for recognition of alternative education. Those regulations have been submitted by the board and are under examination at my Department. I hope to clear them soon. Above and beyond that, as Senator Tuffy rightly stated, it is not enough simply to have the regulations in place, although that might clean up our statistics. We need practical systems in place to ensure that students who drop out at second level are linked to these courses. This issue is being considered by the welfare board. I am glad the Senator gave me the opportunity to give some account of my stewardship in that area.

I thank Senators for the welcome they gave the Bill. It is important legislation. As Senators noted, teaching is an important profession. It is set a good standard in this legislation, which was requested for it. The Bill is in no sense, as some legislation concerning professional interests can be, a conspiracy against the public. It is very much concerned with setting proper standards and not just the registration but the education and development of teachers, as well as, in the very extreme cases where it is required, dealing with the question of discipline and fitness to practice. It is good legislation. On behalf of the Minister, I am glad to present it to the House and thank Senators for their welcome for it.