Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 1077: To ask the Minister for Education and Science if he will enact Part 5 of the Teaching Council Act 2001; the reason for the delay in introducing this part; and if he will make a statement on the matter. [11760/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As the Deputy is aware, Part 5 of the Teaching Council Act, 2001 sets out the Council's investigating and disciplinary functions. The Council or any person may apply to the Investigating Committee for an inquiry into the fitness to teach of a registered teacher where:

The teacher has failed to comply with or has contravened the Teaching Council Act, 2001, the Education Act, 1998, the Education (Welfare) Act, 2000 or the Vocational Education Acts, 1930 to 1999, or any regulations rules or orders made under those Acts.

The teacher's behaviour constitutes professional misconduct The teacher's registration is erroneous due to a false or fraudulent declaration or misrepresentation s/he is medically unfit to teach.

When it is deemed appropriate to do so, the Council's Disciplinary Committee will conduct a hearing on a complaint referred to it by the Investigating Committee. Such hearings may lead to withdrawal of registration on a temporary or permanent basis.

Agreement has now been reached regarding procedures under Section 24(3) of the Education Act 1998. These procedures are referred to in Section 42(5)(b) of the Teaching Council Act 2001 in respect of the investigating phase.

Progress has also been made by the Teaching Council in drafting rules of procedure for the Council's Disciplinary Panels as required in Section 2 of Schedule 3 of the Act. I expect to receive these draft rules shortly and will then commence Part 5 as soon as is practicable.