Joan Burton (Dublin West, Labour)
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230. To ask the Minister for Education and Skills if there are remaining sections of the Teaching Council Act to be commenced; the timescale for commencing such sections; and the number of fitness-to-teach complaints received and processed to date since he commenced these provisions in July 2016. [34765/16]

Joan Burton (Dublin West, Labour)
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232. To ask the Minister for Education and Skills the way in which he will address concerns that the Teaching Council, in the absence of a statutory complaints procedure for use at school level, will be expected to address complaints that are better resolved at local level and thus have fewer resources to deal with very serious complaints that may arise. [34767/16]

Joan Burton (Dublin West, Labour)
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244. To ask the Minister for Education and Skills his plans and the timescale in respect of complementing the fitness-to-teach provisions of the Teaching Council Act; and if he will make a statement on the matter. [34781/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 230, 232 and 244 together.

The Teaching Council is the body with statutory authority for the regulation of the teaching profession. One of its key functions is to maintain the register of teachers in the State.

The Fitness to Teach (Part 5) provisions of the Teaching Council Acts were commenced on 25 July last in accordance with the commitment given in the Programme for a Partnership Government. This means that any person including a member of the public, an employer or a teacher may make a complaint to the Teaching Council about a registered teacher.

A complaint may proceed to an inquiry and, if deemed necessary, sanctions ranging from advice, admonishment or censure to suspension or removal from the register may be imposed by the Council. The Deputy will appreciate that the fitness to teach process is independent of my Department and the Deputy should contact the Council directly if she is seeking information on the number of complaints received.

The Deputy should note that, under Section 55 of the Teaching Council Act, the Council is obliged to submit an annual report of its activities and proceedings under the Act to me as Minister. Fitness to Teach was commenced on 25 July during the current reporting year. I look forward to the next annual report which will be due after 28 March next.

The provisions of the Education Act, 1998 (Sections 24 and 28) are relevant to the new investigatory powers of the Teaching Council under Part 5. Section 24 as amended provides for inter alia the appointment, suspension and dismissal of teachers by boards of management in accordance with procedures agreed from time to time between the Minister, the patron, recognised school management organisations and any recognised trade union and staff association representing teachers or other staff as appropriate. The agreed procedures provide for two separate and independent strands which should be utilised in appropriate circumstances:

- Procedures relating to professional competence issues

- Procedures relating to work, conduct and matters other than professional competence

The procedures are set out for schools in Circulars  60/2009 and 0071/2014 which are available on my Department's website.

Schools, as teachers' employers, will, therefore, continue to manage issues of teacher conduct or poor professional performance under Section 24 of the Education Act. Parental complaints in relation to teacher conduct or poor professional performance will, in general, also continue to be investigated in the first instance by a school under the Section 24 procedures.

Under the Teaching Council Act, the Teaching Council is obliged to pause its investigation of a complaint where a Section 24 process is in hand, except where there are good and sufficient reasons to do otherwise. I am advised by the Teaching Council that its Investigating Committee will take any Section 24 procedures into consideration as appropriate.

As the Deputy will be aware, the Programme for a Partnership Government provides, in addition, that the Government will introduce a charter for parents.

In that regard, my Department has been working on draft legislation to provide for the replacement of the current Section 28 of the Education Act, 1998. The legislation will provide the statutory basis for ministerial guidelines which will form the framework for a Parents’ and Students’ Charter in every school, following consultation with parents, students, recognised school management bodies and staff associations representing teachers and other appropriate bodies. Revised local complaint and grievance procedures will be a key part of the Charter.

I plan to make an announcement shortly on the draft legislation.

With the Teaching Council (Amendment) Act 2015 having been commenced in full, the only remaining section of the principal act to be commenced is Section 39. I am advised by the Teaching Council that Cosán, the national framework for teacher’s learning (CPD) is now entering a development phase which is due to conclude in 2020. This will then pave the way for the commencement of this section of the Act.