Carol Nolan (Offaly, Sinn Fein)
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163. To ask the Minister for Education and Skills the way his Department intends to deal with non-union members in relation to the application of FEMPI legislation on those outside of the Landsdowne Road agreement; if his Department has considered that many non-union members may be complying with the terms of the Landsdowne Road agreement; and if he will make a statement on the matter. [29728/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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The approach to application of the Lansdowne Road Agreement in respect of post-primary teachers is as follows (as set out in Department Circular 0045/2016):

- Education and Training Board schools (apart from Designated Community Colleges which are dual-union) – as TUI is the union with representation rights in this sector, the LRA is being applied generally to all teachers in the sector, including those who are not union members.

- Voluntary secondary schools – as ASTI is the union with representation rights in this sector, the FEMPI Act provisions are being applied generally to all teachers in the sector, including those who are not union members. The LRA applies to TUI members employed in voluntary secondary schools and arrangements have been put in place to apply the Agreement to such teachers.

- Dual-union schools (i.e. Designated Community Colleges, Community schools and Comprehensive schools) – as both TUI and ASTI have representation rights in this sector, the LRA is being applied to TUI members in the sector who identify themselves as such to the Department/employer ETB and the FEMPI Act provisions are being applied to all other teachers in the sector, including ASTI members and those who are not union members.

As is the norm with public service collective agreements, the Lansdowne Road Agreement was negotiated with trade unions which are recognised as representing staff in the public service (including teachers). It is normal industrial relations practice in the public service that the decision of the trade union recognised as holding representative rights for a particular grade or sector will determine the position for all relevant staff in that grade/sector. This context does not allow for acceptance or rejection of collective agreements by staff on an individual basis.

Carol Nolan (Offaly, Sinn Fein)
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164. To ask the Minister for Education and Skills the number of junior certificate students that may be affected by the ongoing industrial relations issues in secondary schools; and if he will make a statement on the matter. [29729/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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Junior Certificate students who are taught English by teachers who are members of the ASTI will not undertake Classroom Based Assessments. (CBAs). Since the completion of the second CBA is linked to the written Assessment Task these students cannot complete that Assessment Task. This means that the student’s Assessment Task will not be sent to SEC and the SEC can only mark the student out of the 90% of the marks that are awarded for the Final Examination in June 2017. 

Officials from my Department recently met with the ASTI on this matter, where the position regarding the written assessment task was made very clear. In cases where the assessment task is not completed the State Examinations Commission cannot award any marks in respect of this mandatory component. Therefore, candidates for Junior Cycle English in 2017 who do not complete the assessment task can only be marked and graded based on a maximum of 90% of the available marks.

I recently requested the ASTI to provide an immediate derogation from their directive for current teachers of English, while talks between my Department and the union proceed, in order that current Third Year English students of ASTI members are no longer unfairly and unjustifiably disadvantaged. A response is awaited.