Ruairi Quinn (Dublin South East, Labour)

On Committee Stage I made a commitment to reviewing this amendment and indicated my agreement in principle to the inclusion of provisions for determining the terms and conditions of registered teachers who are in receipt of an occupational pension and are re-employed in our schools. I have examined the issues on this provision and my officials have engaged with the Office of Parliamentary Counsel on the matter. As a result of the concerns expressed by the Parliamentary Counsel over constitutional issues, the drafting office has advised that it would be necessary to explicitly stipulate the circumstances, conditions and requirements of the regulations which could be made under this provision. While we could go down that road, I am concerned that it would impose unnecessary restrictions on the Minister of the day to deal with changing teacher supply and demand.

While we currently have a large pool of unemployed teachers available for employment, this may not always be the case. Under section 24 (3), the terms and conditions may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform. This is effectively what has happened in the issuing of circular 31/2011 last year, which prioritises unemployed registered teachers over retired teachers, however, in the interests of education, it also prioritises retired registered teachers over unregistered teachers.

I fully agree with and support the sentiments expressed by Senator Power on this issue and on the issue of principle there is no disagreement, however, if the only way to regulate it by secondary legislation is to put unnecessary restrictions and stipulations in primary legislation this is not desirable. If any aspect of it needed to change, further primary legislation would be needed. This is not in the interests of flexibility and I remain unconvinced that this best serves the needs of a changing society. Reluctantly, I am therefore unable to accept this amendment.

May I add, that the Seanad has no role or function if we cannot act as legislators. I am not in a position, because of constraints on time and I must consult with the Minister for Public Expenditure and Reform, but unless we arrive at a situation where all the resources and talents of the Legislature can be invoked and mobilised, we are not as a Republic doing our job. I have much more loyalty over the length of my time in politics to the Houses of the Oireachtas than for the time I have been Minister, but I am constrained by collective responsibility and must reluctantly accept this advice.