Ruairi Quinn (Dublin South East, Labour)

I am fully committed to ensuring that, to the greater extent possible, only qualified and registered teachers are employed in recognised schools. Section 30 of the Teaching Council Act 2001 currently provides that a person employed as a teacher cannot be paid from the public purse unless he or she is a teacher registered with the Teaching Council. The Irish National Teachers Organisation, INTO, and the Association of Secondary Teachers of Ireland, ASTI, have argued for the commencement of section 30 without qualification.

While the position of employing only registered teachers is a very desirable and logical one, it does not always reflect the practicalities at school level. Schools may, at short notice, have to engage a person in place of a registered teacher who might be sick or unable to attend school for some other reason. Despite the high numbers of newly qualified teachers, principals can experience genuine problems in sourcing a registered teacher. If there were no exception to this requirement, students would almost certainly have to be sent home.

The Bill will permit the Minister of the day to regulate the conditions attaching to the employment of an unregistered person in these circumstances. These conditions can include a requirement than an unregistered person can only be employed if, and only if, a registered teacher is not available to take up the position; a limit on the length of time for which an unregistered person can be employed; a requirement that an unregistered person have certain minimum qualifications; a requirement that the Minister consent to the employment of an unregistered person; a limit on the subject or purposes for which the person will be employed; and a requirement that the school retain evidence as to why it has been unable to employ a registered teacher.

Much of this has already been done administratively. In circular 31/2011 issued by the Department in May last year, the employment of an unregistered person is limited to a continuous period of five days at a time, and schools remain under a continuing obligation to source a registered teacher. Schools must also prioritise registered teachers over unregistered people. As a result of this approach, if there is an adequate supply of registered teachers, schools will have to employ them over unregistered people. However, the regulations will ensure that a school does not have to close simply because it cannot find a registered teacher when there is an unforeseen absence.

I have considered providing exceptions for people in the system who have let their registration lapse and for those whose registration with the Teaching Council was pending at the time of their employment. I considered permitting the employment of people in teaching positions in these two situations being paid at the unqualified rate of pay. However, in light of union representations, I have decided not to provide for these two categories and the purpose of amendment No. 17 is to limit the exception to having to be registered to the urgent and very short-term needs of schools.

Amendment No. 20 is required to correct a printing error in the Bill, and I thank Senators for amendment No. 21 dealing with the same point.

Amendments Nos. 22 and 27 to 29, inclusive, are consequent to the substitution for subsection (7)(c) of a new subsection (8) which provides for the only circumstances in which the employment of an unregistered person is permitted.

Amendments Nos. 30 to 32, inclusive, are drafting amendments to clarify language in the Bill following advice from the Office of the Parliamentary Counsel.

The purpose of amendment No. 23, raised by myself and Senators Averil Power, Thomas Byrne, Mark Daly and others, is to remove the unnecessary reference to "in so far as possible" because the provision already refers to the desirability of employing only registered teachers to teach. I thank the Senators for their amendments.