Finian McGrath (Dublin North Central, Independent)
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286. To ask the Minister for Education and Skills if he will investigate allegations of malpractice as raised from a case (details supplied). [22829/13]

Ruairi Quinn (Dublin South East, Labour)
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My Department does not accept the allegations made regarding redeployment panels. The core function of the redeployment panels at primary level is to enable the redeployment of teachers who are surplus in one school to another school that has a vacancy. Under the panel arrangements, the most junior eligible permanent teacher in a school with surplus teaching staff is placed on the panel for redeployment to another school. Responsibility 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.

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.