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

Amendment No. 6 enables the disciplinary committee, for the purpose of carrying out a fitness to teach inquiry, to sit in divisions of itself, with each division to be referred to as a panel. The 2001 Act already provides that panels would conduct inquiries on behalf of the committee, and the revised wording strengthens references in the Act to the role of the panels. Section 28 of the principal Act provides for membership of the disciplinary committee and removes the provisions that the director will be secretary to the disciplinary committee and that the chairperson of the Teaching Council will be a member and chairperson of the disciplinary committee. These changes are proposed on foot of legal advice received by the Department pertaining to separation of duties in terms of governance roles and the conduct of disciplinary inquiries. The legal advice indicates it is more appropriate that the chair of the council would not be a member of the disciplinary committee.

Amendment No. 8 proposes that the council shall select eight rather than seven members who are registered teachers elected to the council or nominated by trade unions to make up the disciplinary committee. The number is being increased to make up for the removal of the chairperson.

Amendment No. 50 amends section 44(2)(a) of the Bill, as amended in the Dáil, and provides that the disciplinary committee rather than the director shall advise relevant parties of the decision of a disciplinary panel following an inquiry. This is consistent with the removal of the requirement for the director to act as secretary to the committee.

A further technical amendment to section 44 is required to provide for the status of the decision of the High Court regarding an appeal. I will propose such an amendment on Report Stage.