Averil Power (Fianna Fail)

I appreciate that much of the Bill before us is based on the Education (Amendment) Bill 2010. Certain aspects of the Bill are necessary and are welcome, particularly the areas relating to conditions for registration, reregistration, for giving the Teaching Council the powers it needs to ensure that pre-service is up to scratch and for addressing the deficit of which we are all aware and which we have discussed in the House on many occasions. The Bill will also embed a culture of continual improvement and ensure that people will take up all the opportunities available to keep their skills up to date and embrace new technologies throughout their careers. Other areas of the Bill make largely technical amendments, for example, the change in respect of the educational disadvantage committee.

I have concerns about some provisions of the Bill, although some of these may just require further clarification. The Bill was only published last week and we are discussing it today. It is good to get the opportunity to get more clarity on the issues and concerns both I and some of the education partners have. I hope the Minister can tell me there is no basis for our concerns and that they only arise due to lack of consultation.

On the provision related to unqualified teachers, I was disappointed to see this included. I appreciate there was a problem in the past, particularly in recent years, when extra resources were being put into schools and, due to the large numbers of permanent teachers being appointed, difficulties arose with acquiring trained substitutes. However, I am not convinced this is still an issue. If ever there was a time to implement section 30 of the Education Act, this is it. The Minister said that this applies to exceptional cases, like small schools here and there. I hope that when a teacher in one of those schools rings in at short notice, the children will be dispersed among the other classes in the school and that this will happen for a one or two-day absence. The children would be better off in that case than having somebody who is not a trained teacher come in to them. That time could then be used to find a qualified teacher. I have no doubt a qualified teacher could be found since we have so many young, trained primary teachers looking for employment. If a teacher does not turn up on Monday morning, I am sure a qualified teacher could be found for Tuesday, even if that person had to drive 50 or 60 miles to get there. I hope the Minister reviews this aspect of the Bill and fulfils his recent commitment to bring in section 30 unamended. I urge him to rethink this provision as it is not necessary in the current environment. It is regrettable in the current context that he is providing statutory recognition, for the first time, to unqualified personnel.

If there is an area where restrictions are needed, it relates to the use of retired teachers. I would rather see a retired teacher in the classroom than someone who is unqualified. However, there has been far too much recourse to rehiring retired teachers rather than hiring young teachers who are unemployed. Retired teachers already have their pensions. The data in this regard is not clear, but there is significant anecdotal evidence that suggests schools are bringing back teachers who used to work in them years previously or who are friends of a teacher in the school, rather than making an extra effort and making the phone calls to new teachers to give them a chance. We are considering tabling an amendment on Committee Stage to address that issue. I appreciate there is a circular on the issue, but if a provision is required in terms of restriction, I suggest that it should be to restrict the use of retired teachers and ensure every step is taken to give the job opportunity to someone who needs it.

On the issue of redeployment, I appreciate we need a system that works. However, I am concerned about what is meant by consultation. Management bodies have been in contact with me and other members in the past few days about what is meant by consultation, exasperated by the fact that the Bill landed on people's desks last week. They are concerned as they have not had an opportunity to think it through. When Second Stage concludes today I hope there will be a pause before Committee Stage in order that there is time for consultation. I suggest the partners be invited to appear before the joint committee on education in order that members from all sides can hear where they are coming from, tease it through and hear where the Minister is coming from and what is intended. I ask the Minister for an assurance that there will be a proper consultation process. As he rightly said, partnership is one of the key aspects of the education system and the system works better when we listen to each other in respect of the experience on the ground.

There is concern among some of the education partners about the change to support services and special needs. The Minister has clarified that was because it had fallen between two stools. The HSE has often used it as an excuse not to step up to the mark. When something is deleted, particularly in such a sensitive area, people need to be reassured that the HSE will step up to the mark and that will not mean even less accountability for the service.

Another issue raised at the meeting with the management bodies is whether the changes in respect of the redeployment scheme, and with the Department effectively designating rather than approving at a distance from the board of management, gives the Department a legal liability in future cases. I am not sure if that is an issue but I raising it as something that may need to the thought through because there is a long established principle that the teacher is employed by the board of management. The question is whether a court will change that by saying one has to take this individual as opposed to the board of management having its say. I said I would raise the issue with the Minister today.

We would have concerns about some aspects of the Bill. With more information and consultation these can be addressed. Fianna Fáil will not oppose the Bill on Second Stage but will table amendments on Committee Stage. I ask the Minister to rethink the aspect of unqualified teachers.