Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

119. To ask the Minister for Education and Skills further to Parliamentary Question No. 468 of 16 September 206 if he will pay a teacher (details supplied) due to the fact that this teacher was subsequently registered by the Teaching Council and taking account the fact that section 30 of the Teaching Council Act is silent on the issue of whether a teacher can be paid retrospectively for work if they subsequently become registered; and if he will make a statement on the matter. [28888/16]

Richard Bruton (Dublin Bay North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Teachers are employed by the managerial authority of each individual school. The terms and conditions of their employment are set out in my Department Circulars.

Circulars 25/2013 and 52/2013 set out the procedures on commencement of section 30 of the Teaching Council Act 2001 in recognised schools requiring all teachers to be registered with the Teaching Council, except in the most urgent and exceptional cases. Section 30 prohibits payment by the State of people employed as teachers in recognised schools unless they are registered with the Teaching Council.

Circular 31/2011 on Teacher Recruitment, Registration and Qualifications sets out the procedures regarding the employment of qualified registered teachers in approved teaching posts.

Paragraph 3.4 of Circular 0031/2011 states as follows:

Where an employer can satisfactorily demonstrate that every reasonable effort has been made to recruit an appropriately qualified registered teacher, a teacher registered under any regulation of the Teaching Council [Registration] Regulations 2009 may be appointed pending the recruitment of an appropriately qualified registered teacher. The contract of employment must include a condition that the contract will terminate on the recruitment of an appropriately qualified registered teacher or the following 31 August, whichever happens first. Remuneration will be at the unqualified rate of pay.

Paragraph 6.3 of Circular 0031/2011 states:

An unregistered person employed in accordance with paragraph 6.1–

(a) will be paid at the unqualified rate of pay;

(b) may not be paid in respect of more than one week’s continuous employment at any one time; and

(c) must have included in his or her contract of employment a condition that the contract will terminate immediately if the employer is in a position to employ a registered teacher

The teacher referred to by the Deputy was registered with the Teaching Council from 4 May 2016 for the Further Education sector. She obtained conditional registration for the post primary sector from the 12th July 2016.

In accordance with the terms of circulars 25/2013, 52/2013 and 0031/2011, the teacher was employed prior to 04/05/2016 in an unregistered and unqualified capacity for short periods on an exceptional basis. She was correctly remunerated at the unqualified rate of pay.

She was employed from the 04/05/2016 to the end of the school term as registered for the Further Education Sector but not registered with the qualifications appropriate to the post primary sector. She was correctly remunerated at the unqualified rate.

The teacher will be paid at the qualified rate for all contracts of employment as a post primary teacher with effect from the 12 July 2016 for the period of her conditional registration.

If she obtains full registration for the post primary sector she will continue to be paid at the qualified rate.

There are no arrears of salary due to the teacher.