Written answers

Tuesday, 3 May 2011

Department of Education and Skills

School Management

9:00 pm

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 218: To ask the Minister for Education and Skills his views that teachers are entitled to basic fair procedures when facing dismissal or proposal for dismissal; his plans to reform this system, in particular the provision whereby a teacher can be dismissed from his or her position solely at the prerogative of the patron. [9349/11]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 219: To ask the Minister for Education and Skills his plans to require that a patron named as principal respondent in litigation arising from the dismissal of a teacher must attend proceedings in person, subject to an appropriate penalty for failure to respond. [9350/11]

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 220: To ask the Minister for Education and Skills his plans to require that settlement terms reached as an alternative to dismissal of a teacher comply with all relevant employment law, in particular the Unfair Dismissals Act. [9351/11]

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)
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I propose to take Questions Nos. 218 to 220, inclusive, together.

Section 24 of the Education Act 1998 provides that the appointment, suspension and dismissal of teachers are the responsibility of boards of management. In the case of VEC schools, section 20 of the Vocational Education (Amendment) Act 2001 provides that the appointment of teachers and other staff are a matter for each VEC. Removal from office of a VEC officeholder is provided for by section 8 of the Vocational Education (Amendment) Act 2001 and requires a decision of the Minister.

Under Circulars 59/2009 (VEC schools) and 60/2009 (all other schools) procedures were agreed relating to both professional competence issues and procedures relating to work, conduct and matters other than professional competence. This agreement was made under the terms of Towards 2016 and the procedures were issued in September 2009.

The procedures serve a dual purpose in that they provide a framework which enables schools to maintain satisfactory standards, and for teachers and principals to have access to procedures whereby alleged failures to comply with these standards may be fairly and sensitively addressed.

Issues relating to attendance in defence of court proceedings and terms of settlement are matters for the parties to such litigation. In the case of disciplinary matters for teachers, this will in most cases be the board of management or VEC. Outside of the removal of VEC officeholders, I do not have a decision-making role in such disciplinary matters.

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