Mary Lou McDonald (Dublin Central, Sinn Fein)
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Question 19: To ask the Minister for Education and Skills if he will outline the powers of a school patron to authorise the dismissal of a teacher; and if he will make a statement on the matter. [9842/11]

Ruairi Quinn (Dublin South East, Labour)
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2057Responsibility for running schools on a day-to-day basis is devolved from the patron to the board of management and this was statutorily underpinned by Section 14 of the Education Act 1998.

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.

Matters of professional competence are dealt with through a process which allows for informal counselling and the use of internal and external supports such as the Employee Assistance Service and relevant educational support services. Only when the informal procedures are unsuccessful in addressing professional competence issues are the formal stages invoked which may at the end of the process have recourse to disciplinary action (up to and including dismissal).

Matters of conduct follow a similarly staged procedure. However, in the cases of serious misconduct at work or a threat to health and safety to children or other personnel in the school the stages outlined above do not normally apply and a teacher may be dismissed without recourse to the previous stages. A teacher may also be placed on administrative leave on full pay pending an investigation and the conclusion of any appeal process.

As is the norm with any profession it is a matter for the individual teacher, in the first instance, to maintain appropriate standards of work and conduct, and to personally address such issues if and when they arise. Furthermore it is a teacher's responsibility and obligation to ensure that he or she avails fully of all opportunities of assistance towards remediation of such issues.