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

Amendment No. 3 substitutes the existing section 33 of the 2001 Act on renewal of registration. The Bill, as initiated, made a number of amendments to section 33 of the 2001 Act. Further amendments to section 33 were made on Committee Stage both in the Dáil and in the Seanad and additional amendments are now being made on Report Stage in the Seanad. The substituted section 33 incorporates all amendments made to section 33 to date and those being made now on Report Stage. The substituted section now sets out all provisions of the amended section 33, making it more coherent and easier to follow.

The Bill, as initiated, amended section 33 to provide, inter alia, for a revised text in relation to the powers of the Teaching Council to make regulations for the purpose of renewal of registration and to also make provision for retrospective vetting and re-vetting arrangements for registered teachers in the context of renewal of their registration. Further amendments to section 33 were made on Committee Stage in the Dáil. These included amendments clarifying the requirements on the council in relation to notifying a teacher in writing where it intends to seek a vetting disclosure for the purposes of his or her renewal of registration; clarifying the requirements in relation to the council making a decision to refuse renewal of registration on foot of its assessment of a vetting disclosure; and providing for a certificate of registration to be issued to teachers. Amendments were also made to make it clear that where registration is renewed subject to conditions, a timeline may be set within which such conditions must be met. In addition, amendments were made to section 33 on Committee Stage in the Seanad to further clarify the wording on the requirements on a teacher in relation to complying with a vetting request within the required timeframe.

On Committee Stage in the Seanad, I indicated that, subject to legal advices, I would progress additional amendments to section 33 on Report Stage. Along with some minor technical and wording changes arising from the proofing of the Bill, those proposed Report Stage amendments have also been incorporated in the substituted section 33.As signalled on Committee Stage, provision has now been made 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 vetting 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 person shall remain on the register until such time as a decision on that person's renewal is made by the council having regard to the disclosure received and any submissions submitted by the person as appropriate. This is 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.

Subsection 15 of the substituted section 33 also now provides that where a person has not complied with a vetting request for the purpose of renewal of registration, before the council makes a decision in relation to that person's renewal, the teacher will be offered an opportunity to make submissions to the council as to why he or she did not comply and that the council will consider such submissions before making a decision in respect of that person's registration. Where the council is not satisfied that there are reasonable grounds for a person's lack of compliance with a vetting request, the council shall refuse to register that person. The council may, however, renew the person's registration where the teacher has satisfied the council that there were reasonable grounds for not complying with the vetting request, and having considered any further submissions from the teacher. These provisions ensure that a teacher who has a valid and genuine reason for not complying within the required timeframe with a vetting request - perhaps due to incapacity or other exceptional circumstances - is not unfairly removed from the register.

The amendment as proposed now also clarifies that where a teacher appeals the council's decision to the High Court, the teacher will remain on the register during the period of appeal. The only exception to this will be where the Teaching Council, where it considers it to be in the public interest, has successfully applied to the High Court for an order to suspend the teacher from the register under section 47. In such cases the High Court will, where the teacher is employed in a recognised school, determine whether the teacher continues to be remunerated out of moneys provided by the Oireachtas.

Section 33, as amended, now provides also 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. In such a case, the relevant court shall also, where the teacher is employed in a recognised school, determine whether the teacher shall continue to be remunerated out of moneys provided by the Oireachtas.