Seanad debates

Tuesday, 31 January 2012

Education (Amendment) Bill 2012: Committee Stage (Resumed)

 

4:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)

I will respond if I may because this is the meat of the Bill. Legislation must be precise in how it is drafted. If one deconstructs section 24(10) and examines it one sees it states the board of a recognised school may - and then goes to the operative verbs - suspend or dismiss or both. The operative agent is the board of a recognised school, and the sentence goes on to qualify how it may make decisions in accordance with procedures determined from time to time by the Minister. These procedures are: following consultation with bodies representative of patrons; recognised school management organisations; and recognised trade unions and associations representing teachers or other staff as appropriate. These are bodies such as the Irish Primary Principals Network, IPPN; the Irish National Teachers Organisation, INTO; the National Association of Principals and Deputy Principals, NAPD; or the Association of Secondary School Teachers of Ireland, ASTI. Having referred to these, the process then goes to the operative point of suspending for whatever reason the board deems to be appropriate. With all due respect to the two Senators, I do not see what additional powers or qualifications the board would have if we were to insert the words, "the board of a recognised school may, in accordance with procedures determined from time to time by the Minister, following consultation with and with the agreement of bodies representative of patrons, recognised school management organisations and any recognised trade union or staff association representing teachers, or other staff as appropriate ..." suspend or dismiss a non-performing school principal or staff. This is a case of belt, braces and bicycle clips. It appears to be superfluous.

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