Rónán Mullen (Independent)

I move amendment No. 15:

In page 9, between lines 39 and 40, to insert the following:

"(15) The Unfair Dismissals Acts 1977 to 2007 shall not apply to the dismissal of a person employed in a teaching position in a school where the dismissal follows directly from the cessation of the remuneration of that person out of monies provided by the Oireachtas.".".

This amendment relates to the Unfair Dismissals Acts. The Minister explained his refusal to accept this amendment on Committee Stage. I am trying to establish whether he can see where I am coming from. I am concerned about the requirements of the State and the possibilities under this legislation. If it is possible that the State might stop remunerating a teacher in certain circumstances, arising from the teacher's failure to register, a stalemate could emerge. If a person is not receiving remuneration as a result of not registering, his or her school might have to bring in a substitute teacher. How long would such a situation be allowed to continue? If a school were ultimately to dismiss somebody, would it be fair for it to fall foul of the Unfair Dismissals Acts? Does the Minister agree that some comfort should be given to schools that might see fit to dismiss a teacher in this manner? I do not refer to arbitrary dismissals, but to those arising from ongoing stalemates that might result indirectly from the requirements of this legislation. The initial action would have been taken by the Department rather than by the school. I would welcome a response from the Minister in this regard.

I do not know if the Minister has had a chance to address a question I asked earlier. Perhaps I missed his reply, but I do not think I did. I asked why there is no reference in the proposed new section 24(3) to any requirement for the Minister to consult various bodies, including management bodies.