Seanad debates

Tuesday, 7 July 2015

Teaching Council (Amendment) Bill 2015: Committee Stage

 

2:30 pm

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

Government amendment No. 15 amends subsection (4) of section 33 of the 2001 Act, as amended by this Bill. The amendment is necessary in order to correct a cross reference in that subsection to subsection (4A) of the same section. Section 33 deals with renewal of registration and subsection (4A) of section 33, as amended by this Bill, is concerned with the council notifying a teacher of its intention to seek a vetting disclosure for the purpose of renewal of registration and was amended on Committee Stage in the Dáil. As a result of that amendment, the cross reference to (4A) in subsection (4) required correcting. In making this correction, subsection (4) along with the relevant provision within (4A) has been reworded to make clearer in the Bill that an application for renewal of registration may be made prior to the expiry of that person's registration subject to the person having complied, within the required timeframe for same, with any requirement for vetting that has arisen for the purposes of renewal of his or her registration.

Government amendment No. 16 amends subsection (4A) in line with the changed wording in subsection (4). These amendments do not alter the effect of the existing provisions but simply make clearer the requirement to comply with vetting where it arises. It is not intended that all teachers will be vetted on each annual renewal of registration. This amendment makes clear that when a vetting requirement arises in respect of a person's renewal of registration, that teacher must comply with that requirement within the timeframe specified by the council.

I inform the House that I intend, subject to legal advice, to make further amendments to section 33 of the 2001 Act on Report Stage. These will involve providing for the following: where the Teaching Council receives a vetting disclosure for the purposes of the renewal of a teacher's registration and the information in that disclosure gives rise to a bona fide child or vulnerable person protection concern, the Teaching Council may, after giving that teacher an opportunity to make representations in relation to same, provide that teacher's employer with a copy of the vetting disclosure concerned; and the council may refuse to renew a teacher's registration at his or her next annual renewal where that teacher has not consented to a vetting disclosure being obtained under the Bill's fitness to teach provisions and the council is not satisfied that there are valid and bona fidereasons for the teacher's refusal to consent to such a vetting request. This provision will be subject to the council giving the teacher concerned an opportunity to make representations to it in this regard and the council having considered any such representation received.

I also intend to amend section 33 of the 2001 Act further to provide that in exceptional circumstances where, notwithstanding that a registered teacher has co-operated with a vetting requirement in the context of the annual renewal of his or her registration, a vetting disclosure has not been received from the Bureau prior to the expiry of the teacher's registration, or it has been received but there has been insufficient time for the council to obtain and consider any submissions required in respect of that disclosure, the council may extend the person's registration for a limited time. The timeline for such an extension will be subject to the council making a decision, in respect of that person's registration within 21 days after the receipt of the disclosure concerned or where the disclosure contains information of relevance to that person's registration, the council having invited submissions from the person within 21 days of receipt of that disclosure and making a decision in respect of that person's registration within 21 days of receipt of such submissions.

Further, I intend to amend section 33, to state explicitly that a teacher appeals to the High Court the decision of the Teaching Council not to renew his or her registration will remain on the register during the period of appeal, other than where the Teaching Council considers it is in the public interest otherwise and where the council has consequently made an application to the High Court for an order to suspend the teacher from the register under section 47.

I also intend to amend section 33 such that, following a High Court decision on an appeal, a teacher or the Teaching Council can make a further appeal to the Court of Appeal on a specified question of law. This is to provide for extra time where there is a High Court case or time is needed for the person to get on to the register. That will be dealt with on Report Stage.

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