Billy Timmins (Wicklow, Fine Gael)
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Question 676: To ask the Minister for Education and Science the number of the 55 temporary teachers at primary level who are affected by the four year rule enabling them to obtain long term contracts that are qualified secondary school teachers; and if she will make a statement on the matter. [27518/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Discussions on the implementation of the Protection of Employees (Fixed Term) Act, 2003 in the education sector are continuing with the assistance of a facilitator. The discussions include representatives of the Departments of Education & Science and Finance, the management authorities of schools and the Institutes of Technology and the teacher unions.

One of the more significant provisions of the legislation relates to the use of successive fixed term contracts. Essentially a fixed term employee can be employed by his/her employer on two or more continuous fixed term contracts, the aggregate of which must not exceed four years. Where any term of a fixed term contract purports to contravene this provision, that term shall have no effect and the contract concerned shall be deemed to be a contract of indefinite duration (C.I.D.).

Agreement was reached in October, 2005 to issue contracts of indefinite duration (C.I.D.s) to fully qualified primary school teachers with four years successive temporary teaching service at 1 September, 2005, unless objective grounds had been set out at renewal of temporary contract. All schools were circularised by my Department with this information at that time.

In June, 2006 it was decided that this agreement would also comprehend post primary qualified teachers as recognised by the Teaching Council (B.A. and H.Dip) and receiving incremental salary, with more than four years successive teaching service in a primary school and where no objective ground existed. 55 such teachers working in full-time temporary posts in primary schools at 1 September, 2005 were identified as eligible for C.I.D.s. having regard to their entitlements under the legislation.

Arrangements are currently underway in my Department for a circular to issue to all schools outlining the further agreement reached on issues related to the implementation of the Protection of Employees (Fixed Term) Act, 2003.