John McGuinness (Carlow-Kilkenny, Fianna Fail)
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88. To ask the Minister for Education and Skills if a report into complaints made by a person (details supplied) will consider the content of another report (details supplied); if consideration will be given to the fact of non-disclosure of a record of a meeting of 7 May 2014; the engagement his Department had with persons (details supplied) prior to a meeting of 20 October 2016; the terms of reference of the independent investigation; if it is the intention of the independent investigation to interview the person about whom the person is complaining; if his Department will facilitate a fair and transparent process; and if he will make a statement on the matter. [36562/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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I am aware of the report to which the Deputy refers.

The position is that officials from my Department met with the complainant in February 2016 and, subsequently, my Department established an independent investigation with comprehensive terms of reference designed to cover the full range of allegations made. The complainant was consulted on the process including the terms of reference.

The independent investigator has concluded his investigation and issued a final report to the relevant parties on 1 November 2016. All relevant parties were consulted and interviewed as appropriate during the investigation. All relevant parties were given an opportunity to comment on and contribute to the report before it was finalized. A list of people interviewed and documentation used to establish the allegations is included in the report. Those interviewed include the person being complained about. I am satisfied that the investigation process, which is now concluded, was fair and transparent.

With regard to the “non-disclosure” of a record of a meeting on 7 May 2014, the report notes that the meeting took place but that there is no record of the meeting. However, the investigator outlines an exchange of emails between the complainant and the person with whom the complainant met as evidence of what transpired.

The Deputy refers to "another report". The complainant had sought this report from a third party. The investigator contacted the third party and was informed that the complainant did not make any complaint at the time and hence there is not "another report".

With regard to engagements my Department had with persons prior to the meeting of 20 October 2016, my Department was informed by the investigator that the meeting was taking place but had no involvement in the detailed arrangements. My Department had no engagement with the second named person, who is a translator and independent third party facilitator who was engaged directly by the investigator in accordance with the investigation’s terms of reference.

The Deputy should note that the investigation found no evidence to support the complainant's allegations. A number of recommendations are also made concerning the future operation of the institution referred to by the complainant.

The report also found, inter alia, that the complainant had not exhausted the appeals process available to her within the institution concerned. In this regard, the institution agreed to keep open the appeal mechanism available to the complainant for the duration of the investigation and for 10 working days after the final report was concluded and circulated. I understand that the institution concerned has received an appeal from the complainant.

The terms of reference of the investigation are attached for the information of the Deputy.

Terms of Reference

Investigation of allegations made by XXXXXXX relating to her participation in the Graduate Diploma in Education (Primary Teaching) programme in YYYYYYY from February 2013, and related matters

1. The Department of Education and Skills (DES) has commissioned an independent investigator to identify, investigate and report on all aspects of XXXXXXX’s allegations, having particular regard to her allegations of bullying.

2. The investigator will also investigate and report on other matters of public interest alleged by XXXXXXX but which are not directly associated with her participation in the Graduate Diploma programme.

3. The investigator will, having regard to all correspondence between XXXXXXX and YYYYYYY, and XXXXXXX and the DES, identify the allegations for investigation, and will check with XXXXXXX that all allegations made by her have been identified.

4. The investigator will prioritise his consideration of allegations which directly relate to XXXXXXX participation in the Graduate Diploma programme. In relation to these allegations, the investigator will:

- Determine, on the balance of probabilities, whether they are well-founded;

- Where allegations are well-founded, determine their impact on XXXXXXX’s participation in the Graduate Diploma programme;

- Recommend to YYYYYYY the steps to be taken by YYYYYYY to address the consequences of the allegations, where appropriate.

5. In relation to those allegations which do not directly relate to XXXXXXX’s participation in the Graduate Diploma programme, the investigator will determine whether there is a prima faciecase and, if so, he will recommend what steps should be taken in order to deal with such matters.

6. All parties will collaborate fully with the investigation and respond promptly and in full to requests from the investigator for documents or other records.

7. The investigator will consult with all parties (XXXXXXX, YYYYYYY and the DES) and others as required.

8. The investigator will have access to any persons with relevant specialist expertise, as required.

9. The investigator will present his report together with recommendations to all parties XXXXXXX, YYYYYYY and the DES) within six weeks from the date of commencement of the investigation. In the event that it is not practicable to make a final report within this timeframe, an interim report will be provided.

10. To ensure that it is effective, the investigation will proceed on the basis that confidentiality will be maintained during the investigation process.

Department of Education and Skills

11 March 2016