Alan Farrell (Dublin Fingal, Fine Gael)
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256. To ask the Minister for Education and Skills the position regarding the denial of the qualification allowance to teachers who had taken a break from their college registration and became re-registered in the period prior to the introduction of Circular 0008/2013; the legal basis upon which his Department does this, given that Circular 0008/2013 is the first to specify these registration conditions and taking into account the Circulars 70/2011 and 0003/2012 do not specify such conditions but merely state that teachers who were undertaking courses will be considered in the context of the public service wide review by the Department of Public Expenditure and Reform; his views on whether the implementation of these requirements upon teachers who were taking courses, and had been both de-registered and re-registered during their course, prior to Circular 0008/2013 is retrospective application and therefore should not be allowed; and if he will make a statement on the matter. [26780/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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Section 24 of the Education Act (as amended) sets out the role of the Minister in relation to the employment of staff in schools who are paid from funds provided by the Oireachtas. Under Section 24(3) of the Education Act, the Minister is authorised, in conjunction with the Minister for Public Expenditure and Reform, to determine the terms and conditions of employment for teachers, and other staff of a school, who are paid out of monies provided by the Oireachtas. The Minister has the authority to set the rates of pay in the first instance and determine the qualifying criteria to be applied in order to obtain a particular rate of pay.

A number of Budget decisions were taken in recent years in relation to the pay of teachers and public servants generally due to the worsening financial circumstances of the State. Circulars 70/2011 and 0003/2012 set out the position regarding qualification allowances pending the completion of the public service wide review of allowances. Circular 70/2011 which issued on 16 December 2011 stated:

“Existing teachers will not be paid any additional allowance where they acquire any further qualification on or after 5 December 2011.

The position of teachers who, on 5 December 2011, were undertaking courses will be considered in the context of the public service-wide review of allowances announced in Budget 2012 which is to be led by the Department of Public Expenditure and Reform.”

Circular 0003/2012 which issued on 31 January 2012 stated:

“Pending the outcome of the review by the Department of Public Expenditure and Reform, allowances are not payable to new beneficiaries; i.e. those who become eligible for receipt of the allowance in question on or after 1 February 2012.”

In light of these two circulars those teachers who were actively undertaking courses on 5 December 2011 should have had no expectation that they would receive an additional qualification allowance on completion of that course of study.

Following the completion of the review of allowances, Department of Education and Skills issued Circular 0008/2013 on 25 January 2013. Paragraph 12 of Circular 0008/2013 states:-

“[W]hereas at 5 December 2011, a teacher in employment on that date and eligible for receipt of a qualification allowance in respect of the post they held on that date, was actively undertaking a course of further study leading to an additional qualification, provided that the teacher does not cease to be a registered student on that course before its completion. Such individuals may apply to the Department/VEC as appropriate for a derogation from the general position within 3 months of the date of receipt of the award.”

Thus an exception was put in place for those teachers who were actively undertaking a course on 5 December 2011, in employment on that date and who did not cease to be a registered student on that course before its completion .