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

Amendment No. 40 provides for the holding of an inquiry under section 43 by a panel of the disciplinary committee where the investigating committee has determined that there is a prima faciecase to answer, following a complaint to the council regarding a registered teacher.

This is a redraft of section 43 in order to make clear the steps and processes involved in an inquiry and the responsibilities of the disciplinary committee and panels. The various avenues for conducting or completing inquiries are also set out.

To summarise the process, the disciplinary committee will write to the teacher informing him or her of the nature of the complaint, including evidence supporting the complaint, and an opportunity for the teacher to request that the matter is investigated by examination of documents. If a hearing is to be held, the teacher will be informed that he or she, or the teacher’s representative, may be present to defend the teacher at the hearing and that the teacher may request that some or all of the hearing is to be held in private. The inquiry will be carried out by a panel of the disciplinary committee, consisting of three to five persons, the majority of whom will be registered teachers. At the request of the teacher, the panel may agree to hold the inquiry by consideration of documents and written submissions only, that is in place of a hearing.

Having considered the complaint, the panel may request the teacher to do one or more of the following, and before a hearing has taken place: undertake not to repeat the conduct; undertake to attend a specified professional development course, or such other course as the panel considers appropriate; undertake to comply with such requirements as may be specified for the purposes of improving his or her competence and performance; consent to seek the assistance of such services relating to health and welfare as may be specified; and consent to being censured. Where a registered teacher gives the type of undertaking I have just outlined, the inquiry will be completed. However, where a registered teacher does not give an undertaking in regard to these matters, the inquiry will continue as if the request had not been made by the panel.

A hearing, if required, will be held in public by default unless the teacher or a witness, about whom personal matters may be disclosed at the inquiry, requests that all or part of the hearing is held in private and the panel is satisfied that it would be appropriate in the circumstances to do so. At the hearing the director, or any other person with leave of the panel, will present evidence in support of the complaint. Witnesses will give testimony on oath, and there will be the right to cross-examine witnesses and call evidence. The panel will be able to receive evidence given orally, by affidavit, or other means for example, video link.

The panel will have the powers, rights and privileges vested in the High Court in respect of enforcing the attendance of witnesses and in respect of their examination on oath or otherwise, and can compel the production of documents. A witness will have the same immunities and privileges as if he or she were a witness before the High Court. For the purposes of the inquiry, a panel may, in accordance with the provisions of a new section 43A, consider information in a vetting disclosure and any submissions made in relation to that disclosure. I will outline the provisions of 43A when dealing with amendment No. 41.

On completion of an inquiry, the panel may make no finding and dismiss the complaint. Otherwise, the panel will produce a report setting out the nature of the complaint, the evidence considered, the measures where a teacher has given an undertaking, where appropriate, and the panel’s findings. In addition, where the complaint relates to the conviction of the teacher of an offence triable by indictment, the panel must report whether the findings affect the teacher’s fitness to teach. The panel will also report any other matter it considers appropriate.

Under the Bill the Teaching Council itself may make a complaint under section 42 of the Act where it has received a vetting disclosure giving a bona fide concern that the teacher may harm any child or vulnerable person, cause any child or vulnerable person to be harmed, put any child or vulnerable person at risk of harm, attempt to harm any child or vulnerable person, or incite another person to harm any child or vulnerable person. In such circumstances, where the panel is satisfied that there is a risk, the panel in its report will specify the nature of the information disclosed in the vetting disclosure, the evidence, the panel’s assessment of the risk, and its conclusion in respect of that risk. Where it is not satisfied there is a risk the panel may dismiss the complaint. Where a complaint is dismissed, the complainant, the teacher concerned, such other persons as the teacher may request, and the teacher’s employer will be informed. At the request of the teacher, the panel will publish a notice to that effect.

This amendment involves the deletion of the current section 17, which also provided for amendments to the provisions for an inquiry. However, amendment No. 40 is more comprehensive than section 17. Amendment No. 44 amends section 44 of the Act and provides that it is the panel rather than the full disciplinary committee, which, having completed its report, determines what measures, if any, are to be taken to sanction a teacher. The original Bill provided for the full disciplinary committee to have this function. The amendment ensures consistency between sections 43 and 44.This approach is being taken on foot of legal advice received by my Department. Amendment No. 3 is a technical amendment consequent on Amendment No. 40, which replaces section 43. Amendment No. 45 to 48, inclusive, replace the term "disciplinary committee" with "panel". The purpose of these amendments is to ensure consistency of language in section 44 of the principal Act, as amended, which provides that the panel rather than the disciplinary committee shall determine what measures, if any, to take to sanction a teacher following the panel's report.