Ruairi Quinn (Dublin South East, Labour)

This amendment proposes that the revised sections 23 and 24 of the Education Act 1998 are designed to clarify the hierarchy within the legislation. Where publicly funded posts are concerned, the numbers and the qualifications of teachers, along with teachers' terms and conditions of employment, flow from the authority of the Minister and the Minister for Public Expenditure and Reform. This is the position in the existing legislation at section 24(2) and (5). While there is a reordering of the subsections, there is no change to the powers of the Ministers for Education and Skills or Public Expenditure and Reform.

However, the existing provisions in the Education Act also provided that procedures for the appointment, suspension and dismissal of teachers were subject to the agreement of certain education partners. From time to time since the enactment of the Education Act, particularly in regard to making redeployment arrangements for surplus teachers, the question has arisen as to whether this requirement for agreement of each and every one of the parties listed in the legislation must be secured before changes to procedures could be made. An argument raised in regard to redeployment is that it is effectively an appointment procedure and is therefore subject to such agreement. Some parties have also asserted that they must have a veto in regard to the redeployment of primary teachers. In consequence, a doubt has been cast over the State's authority generally to determine employment matters in regard to teachers and other staff employed in schools in publicly funded posts.

The doubt that has been raised is that the power given to Ministers in specific areas by virtue of section 24(2) and (5) is comprised by the requirement to reach agreement of all concerned when it comes to specific procedures to implement on the ground those matters that are defined by existing legislation as subject to determination by the Ministers. This is an anomalous position. The purpose of the revised section 4 is to eliminate any doubt about the capacity of the Minister for Education and Skills to ensure that matters he may have determined are not set aside by virtue of any party withholding agreement when it comes to implementation. The Bill's provisions maintain the right of the Ministers to determine the numbers, qualifications and terms and conditions generally of those who work in our schools. The requirement for agreement in arriving at appointment, suspension or dismissal procedures now changes to a requirement for consultation.

The purpose of amendments Nos. 7 and 37 is to clarify that this pertains in respect of appointment procedures also. A similar approach is also taken to redeployment, which will now be provided for specifically in the Education Acts for the first time. This is because of the memorandum of understanding on the employment control framework. Redeployment and appointment fall under the umbrella of the terms and conditions of teachers as well as being connected with the numbers of teachers that may be appointed.