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

This amendment was also considered in the Dáil and I have referred to having a review of Part 5 after three years following discussions with the teaching unions. What we are doing by way of this Bill is amending the original legislation upon which the council is based. The main purposes of the Bill under consideration are to underpin the Teaching Council's statutory functions in regard to Garda vetting of teachers, to strengthen and clarify the council's teaching arrangements and to make consequential amendments. There is a comprehensive suite of provisions for ongoing oversight of the implementation of the Teaching Council Act and operations of the Teaching Council. The Teaching Council also publishes an annual report which is laid before the Houses each year.

As I said, I am aware of the concerns and fears of teachers regarding aspects of the operation of the fitness to teach provisions of Part 5. My officials have had a number of very helpful meetings with the teacher unions in this regard. It is true to say that similar concerns relating to various legal rights - for example, privacy, reputation, fairness and rights of appeal - are shared across all professions.We are fortunate we have available to us a substantial body of knowledge and good practice in the way other regulated professions have approached these issues both here and in similar jurisdictions. Recent court judgments too indicate clear boundaries within which regulatory bodies such as the Teaching Council operate. On the basis of the advice available to my Department, it is clear that only serious professional matters can be considered under the fitness to teach provisions. However, all legislation needs to be kept under review in case something is not working in accordance with the intention during its passage. I with my officials have given some consideration to the point that a timeframe might be put in place in respect of a review of the Act, with a view to addressing any issues that might arise in terms of implementation of the Act that possibly could be addressed at an earlier stage. Accordingly I will be asking the council to review the operation of Part 5, three years following its commencements and to submit advice to my Department on any policy issue arising that might require further legislative attention.

I suppose that goes some way to addressing the concerns of Senator Reilly.