Seanad debates

Tuesday, 23 June 2015

Teaching Council (Amendment) Bill 2015: Second Stage

 

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour) | Oireachtas source

I thank all Senators for their contributions. Senator Cáit Keane said she wanted to receive a copy of proposed amendments on time. I will note that point, as I am sure my officials will to ensure the Senator will have time to consider them. Obviously, amendments will also be brought forward by Members of the Seanad, which is welcome.

I agree with what has been said by a number of contributors, beginning with Senator Jim Walsh, about the high regard in which teachers are held in Ireland. That is the basis on which we are beginning the debate. Senator Gerard P. Craughwell was right when he said this kind of legislation enhanced the reputation of teachers because it made it clear that there were mechanisms for vetting teachers to ensure children were safe and for dealing with the tiny number of cases in which there are complaints. The Teaching Council will have the power to ensure teachers on the register are fit and proper. This will provide for transparency and a level of confidence for the public in the quality of teachers, but I do not think anybody is questioning that teaching is of a very high quality.

On the number of teachers who are vetted - 54,000 out of 90,000 - it is on the basis of non-statutory vetting. Senator Ivana Bacik has referred to a rolling system whereby we want to address first those not currently vetted and then reach teachers who have been vetted on a non-statutory basis such that eventually over a period of time everybody will be vetted under the statutory system with which we are dealing. We will gradually vet all teachers, but we want to concentrate first on those who have not been vetted. Most of these teachers have been teaching in the same school for a period of time.

The issue of soft information was raised by Senator Jim Walsh and others. Soft information is defined in the National Vetting Bureau Act which was referred to by Senator Ivana Bacik who spoke about the importance of commencing that legislation. This is felt in the Government generally and will be addressed. The Bill complements that Act under the auspices of the Department of Justice and Equality. Soft information is referred to in the National Vetting Bureau Act as information other than on criminal convictions held by An Garda Síochána that leads to a bona fidebelief a person presents a threat to children or vulnerable persons.

A number of Senators spoke about the membership of the Teaching Council. Different views were expressed on whether it should or should not be composed mainly of teachers. It comprises 11 registered teachers at primary level, 11 registered teachers at post-primary level, two persons nominated by the colleges of teacher education, two persons nominated jointly by universities or higher education institutions, four persons nominated by management organisations, two persons nominated by the National Parents Council and five persons appointed by the Minister, of whom one is nominated by the Irish Congress of Trade Unions and one by IBEC. The reason for the predominance of teachers is to ensure the profession is directly involved in regulating itself. Other regulatory bodies have been set up in this way.

Senator Jim Walsh raised the issue of teachers not being paid. A teacher must be registered with the Teaching Council to teach, but the provision that he or she cannot be paid from moneys provided by the Houses of Oireachtas is to ensure teachers are registered. I am not sure if I have been very clear on that point, but I can clarify it on Committee Stage.

The issue of the system being more efficient was raised by Senators Michael Mullins and Ivana Bacik. This will definitely be a more efficient system because the Teaching Council will hold the vetting declaration such that if a teacher moves from one school to another, he or she will not have to be re-vetted. This is a very practical measure and the electronic method will make it even more efficient.

A few Senators referred to the issue of security of tenure. I am implementing the report produced this year by Mr. Peter Ward will will give teachers more security of tenure.

Senators Trevor Ó Clochartaigh and Cáit Keane raised the issue of further amendments. The main amendment will concern the provision providing for the holding of hearings in public but which will allow them to be held in private if there are good reasons for so doing.

Senator Trevor Ó Clochartaigh also raised the issue of SNAs. The Teaching Council regulates teachers. The vetting of SNAs is a very important issue, but it is not related to this legislation.

It is not intended that political activity will prevent a person from being registered in accordance with this legislation.

A fit-for-purpose provision in respect of teaching in Irish in either English or Irish language schools would be more relevant to a person's subject qualifications at post-primary level or teaching qualifications at primary level, but we are examining this issue as it affects the Gaeltacht. Consultation is occurring on schools trí lán-Ghaeilge in which I am sure the Senator is participating.

Senator Ivana Bacik referred to the commencement of the National Vetting Bureau Act. I can check with the Teaching Council the issue of deductions at source. I do not know why the position has changed. People receive reminders if they do not re-register. The question of whether we need to be even more kind to those who have not registered arose in the debate in the Dáil. I do not know why the making of deductions has been ended, but we will check the matter with the Teaching Council.

While we are not looking for automatons or conformity, we want to ensure people are fit to be teachers. It is not about everybody being the same. Senator Cáit Keane spoke about the balance of right on the issue of public versus private hearings. We want to get the balance right. If we say the default position is that we will hold them in private, we will immediately raise questions. However, if they are held in public, one can make a case to hold them in private. This strikes the right balance. We will debate the issue on Committee Stage when I will bring forward an amendment.

I am not sure I am competent to talk about climate change because I am not the Minister responsible. The Green Flag movement is alive and well in schools. Certainly students are very aware of the importance of handing on the planet to the next generation as they have received it. I am very impressed with the work being done in schools in that regard.

I am not sure whether I have covered everything that has been raised, but I will revisit a number of these issues on Committee and Report Stages.

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