Seanad debates

Tuesday, 20 November 2018

Commencement Matters (Resumed)

Protected Disclosures

2:30 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)
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I welcome the Minister for Education and Skills, Deputy McHugh, to the Chamber. I ask Senator Gavan to proceed with his Commencement matter.

Photo of Paul GavanPaul Gavan (Sinn Fein)
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The Minister is very welcome. Ennis Educate Together national school was founded in 1998. In recent years there have been revelations about shocking and long-standing failures of school management. There are also serious questions for the school patron, and it gives me no pleasure to say that as I have long been a firm supporter and advocate of Educate Together. These revelations have come out largely thanks to the courage of a former deputy principal at the school, who is with us in the Gallery today.

The whole school evaluation report of 2009 for Ennis Educate Together national school highlighted that the principal had significant difficulties carrying out his role, whole school planning was poor, there was no policy on staff rotation and no child protection policy, there were literacy and numeracy deficits and no ratified policy for pupils with special needs.In short it was an absolutely shocking situation. Seven years later a further whole-school evaluation report confirmed that no action had been taken to rectify these issues recording the management of the school as ineffective and unsatisfactory. There was still no child protection policy. The principal's performance was graded as unsatisfactory with regard to instructional leadership and school administration. A follow-up inspection report last year again highlighted the need for significant development and improvement with regard to the principal. By June of this year pupil enrolment was down to 63 students, a drop of two thirds.

The record shows that the Department of Education and Skills sat with folded hands throughout these years of failure. Worse than this, the Department allowed the only teacher with the courage to speak out about these failures to be forced into an unplanned premature retirement in 2012. This decision was taken after years of trying to address the management failures of the school and after years of raising serious concerns with the board of management and Department inspectors, concerns that went unheeded. This in stark contrast to the principal who was allowed to continue in his role until June of this year when he chose to retire. To this day the whistleblower does not know why the Department failed to take any action. Why was the principal allowed to continue in his post without any intervention by stakeholders, the board of management, school inspectors and the Department despite their knowledge of the desperate state of affairs at the school?

In 2015 the former deputy principal made protected disclosures directly to the then Minister of State at the Department, Deputy Jan O'Sullivan. There is no doubt that the 2016 whole school evaluation report was a direct result of this unprecedented intervention. However, the Department of Education and Skills has to date failed to respond to questions raised with regard to financial concerns, specifically activities over school registers which a school inspector said could constitute fraud. Among items of concern cited was a stolen blank cheque, subsequently cashed for €10,000. Why was the school's board of management allowed to ignore an occupational health report on the whistleblower? Why did the so-called mediation process offered to her not have protocols or due process? When will the whistleblower in this case get recognition and justice from a Department that has failed not just her but pupils at the school for a decade? This is a delivering equality of opportunity in schools, DEIS, school dealing with students from disadvantaged and vulnerable backgrounds. What message is the Minister sending to whistleblowers if he fails to acknowledge and deal with the appalling way in which this lady has been treated? Will he at least commit to meeting with her to discuss her case rather than dismiss the one person with the courage to speak out about the failings at Ennis Educate Together school?

Photo of Joe McHughJoe McHugh (Donegal, Fine Gael)
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Gabhaim buíochas leis an Seanadóir fá choinne na ceiste agus fá choinne an seans labhairt leis. I thank the Senator for giving me the opportunity to familiarise myself with this issue and to fill in the background which the Senator and people in the school are familiar with. I want to put on the record the position regarding Ennis Educate Together national school in respect of the protected disclosure received by my Department and school inspections carried out in recent times by the Department's inspectorate.

The Department received a protected disclosure in respect of this school on 25 October 2015. The Department treats all protected disclosures seriously and follows up on all the issues raised in disclosures. In general, this involves engagement with the patron and board of a school for the purposes of determining and resolving the issues raised. It can also involve school inspections and financial audits by the financial support services unit where necessary.The protected disclosure and the whole-school evaluation, WSE, carried out on 11 February 2016 in respect of this school identified a number of issues concerning the general governance, management and leadership of the school. These concerns related to the absence of a board of management, non-compliance with national child protection policy, financial management concerns and the decreasing enrolment of the school over a number of years. My Department had been aware of the unsatisfactory performance of this school from ongoing inspection reports and had been working with the school to improve its overall performance for the benefit of the teaching and learning experience in the school.

A new board of management was established on 12 July 2016, which was a significant step for the school as it starts to implement the necessary reforms required. Under the Education Act, the board of management is responsible for the day-to-day running of the school. My Department has also been advised that a new parents' association has been established. The active involvement of parents in all aspects of the education of their children is important.

My Department met with representatives of the patron and members of the new board on 15 July 2016. The purpose of the meeting was to discuss with the representatives a range of issues including those mentioned in the protected disclosure and the whole-school evaluation report, which had also set out a number of recommendations for improvement. These recommendations impacted on the management and leadership of the school, the implementation of child protection policies, the formation of a board of management and parents' association, and other important matters impacting on teaching and learning. My Department was advised at the meeting that work had already begun on addressing and prioritising the specific actions outlined in the whole-school evaluation report. My Department informed the school representatives that an action plan outlining the specific actions for improvement would be required from them. My Department wrote to the school on 7 September 2016 on that basis and a school action plan was provided to the Department on 7 November 2016. A follow-through inspection report by my Department’s inspectorate in April 2017 found that good progress had been made in a number of areas with a few aspects for improvement remaining. A new school principal was appointed on 1 July 2018. This appointment was crucial in terms of improving the leadership role within the school.

My Department wrote to the discloser in August 2018 and advised of the positive changes that have occurred in the school and that the Department would continue to monitor the school’s progress in implementing the recommendations of the WSE report. However, while the school has a new principal and a new board of management, which are important positive developments, it would take the school some time to fully implement all of the changes required. The letter also expressed thanks to the discloser for their concern and for raising important issues in respect of this school in their correspondence. I want to express publicly my own similar sentiments in being grateful and thankful to the discloser.

I hope I will get an opportunity to have a chat with the Senator after this for a few minutes. If follow-up is required, I am happy to do that. I thank the Senator again for the opportunity to outline the progress in respect of this school to the House.

Photo of Paul GavanPaul Gavan (Sinn Fein)
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I thank the Minister. In fairness, it confirms the crucial role of the whistleblower and her protected disclosures in terms of exposing the wrongdoings and hopefully putting the school onto a better path. I welcome the Minister's offer to have a chat with the whistleblower and ask him to follow through on it. If we have learned anything from recent news in terms of whistleblowers in general it is that we need to listen to them. I ask the Minister to follow up with a formal meeting with the whistleblower in question. That is what she is looking for in terms of recognition of the fact that her plight has been unaddressed to date. Her career was cut short and she has suffered significantly financially in order to bring the school to a better place.

Photo of Paul CoghlanPaul Coghlan (Fine Gael)
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The Minister can have a word with the Senator afterwards.

Photo of Joe McHughJoe McHugh (Donegal, Fine Gael)
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Yes. I thank the Senator for raising this. I am new in the job and have to familiarise myself with all these issues but I want to put on record the important role that whistleblowers play. I agree with the Senator that one thing we have learned in the last years is the importance of listening attentively. While creating awareness, the duty of care and our own legislative responsibility are important, the most important thing we can do in politics is follow through on the action.

Gabhaim buíochas leis an Teachta as ucht an seans labhairt leis inniu.

Sitting suspended at 3.20 p.m. and resumed at 3.30 p.m.