Olivia Mitchell (Dublin South, Fine Gael)
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Question 120: To ask the Tánaiste and Minister for Education and Skills the reasoning behind circular 58/2010 which requires the three-year period required to complete probation for primary school teachers to commence from the date of registration rather than from the date of employment; the reason the satisfaction of this condition is being made more onerous at a time when there are many teachers unable to find employment; the reason the Department is involving itself in the need to deal with applications for exemption from the three-year time frame on a case by case basis when there is no clear benefit from the rule change; and if she will make a statement on the matter. [37978/10]

Mary Coughlan (Donegal South West, Fianna Fail)
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As the Deputy is aware, under Section 7 of the Teaching Council Act 2001, it is a function of the Teaching Council to establish procedures and criteria for the probation of teachers, including periods of probation. While this aspect of the Teaching Council Act has not yet been commenced, the Department has been working with the Council to facilitate a smooth transition of responsibilities with regard to probation and I have indicated my intention to commence the relevant section of the Act in 2012. During the transition period, a number of changes have been introduced to the probationary process for all newly qualified teachers who are registering with the Council for the first time, with a view to being employed in primary schools in the 2010/2011 school year. Teachers who were employed in posts recognised for probationary purposes prior to September 1 2010, and whose period of probation has not expired by that date, have until 31 August 2015 to satisfy the probationary requirement.

The registration of teachers in Ireland is the responsibility of the Teaching Council which is empowered, under legislation, to set down the conditions for admission to the register. The three year time frame within which the probationary requirement must now be met by teachers registering for the first time is considered to be a reasonable time period for a teacher to complete the probationary process. This timeframe brings the probationary requirement into line with the timeframe allowed under the terms of EU Directive 2005/36/EC for making good qualifications shortfalls which may arise in the case of teachers who qualified out of State. As the probationary period can only commence when qualifications shortfalls have been met, the maximum period now allowed for teachers who qualified out of State to become fully registered is six years.

There are two requirements for the satisfactory completion of probation: the professional competence requirement and the service requirement. With regard to the service requirement, the stipulated period has been reduced. Whereas in the past, a teacher was required to give service of 178 days, in the case of unbroken service, and 300 paid days in the case of broken service, the requirement is now 170 days. With regard to the period during which a teacher was required to be employed in a post recognised for probationary purposes in order to have his/her work assessed, this has now been reduced from two period of sixty days to two periods of fifty days. It is advisable that teachers continue to avail of any teaching opportunities that become available, including those of short duration, so that they can accumulate the number of days required to complete their service requirement for probation.

Applications for exemption from the three-year timeframe will not arise until 2013. By that time, all matters to do with the probation of teachers will have become the responsibility of the Teaching Council, which operates within the terms of the Teaching Council Act 2001. The Department, therefore, has no role to play in considering applications for exemption.

I wish to inform the Deputy that my Department is monitoring the implementation of Circular 58/2010 on an ongoing basis.