Maureen O'Sullivan (Dublin Central, Independent)
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220. To ask the Minister for Education and Skills further to Parliamentary Question No. 139 of 17 November 2016, if sitting Members in the Houses of the Oireachtas are restricted from applying for the job sharing scheme; the part of the Government decision (details supplied) made on 1 February 2011 which restricts sitting Oireachtas Members from applying for the job sharing scheme; the provision of Statutory Instrument No. 110 of 2011 which gave effect to the Government decision of 1 February 2011 which restricts the eligibility for sitting Oireachtas Members to apply for the job sharing scheme; and if he will make a statement on the matter. [37455/16]

Maureen O'Sullivan (Dublin Central, Independent)
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226. To ask the Minister for Education and Skills further to Parliamentary Question No. 139 of 17 November 2016, the reason it is not expressly detailed in chapter 5 5.5 of the terms and conditions of employment for registered teachers in recognised primary and post primary schools that sitting Members of the Houses of the Oireachtas who are teachers on a career break may not apply to resume teaching duties on a job sharing basis; and if he will make a statement on the matter. [37478/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 220 and 226 together.

The position is, and for the avoidance of doubt, I can confirm that a teacher who is a sitting member of the Oireachtas cannot retain their post on a job sharing or full-time basis while serving as a member of the Oireachtas. This gives effect to the Government decision of 2011 which revised the employment and pension arrangements for teachers who became Oireachtas members so that any member of the Oireachtas who holds a teaching post in a primary, secondary, community, comprehensive or vocational school would have the option of applying for a career break of up to 10 years. This replaced then existing leave arrangements. The decision also applied to lecturing staff of Institutes of Technology. The December 2015 Government decision extended these career break/unpaid leave provisions to all staff in the education and training sector.

Prior to the 2011 Government decision, teachers who were elected to the Oireachtas could enjoy beneficial leave arrangements. Under these arrangements, a teacher who was elected as a T.D. or Senator was paid full salary. A temporary replacement teacher was employed and the Oireachtas member teacher repaid the salary of that replacement teacher to the Department/ their employer, together with the appropriate superannuation and employer’s PRSI contributions. The Oireachtas member teacher retained any surplus amount. The Oireachtas member teacher continued to accrue incremental credit in their teaching post. In addition to this, Oireachtas member teachers in primary, voluntary secondary and Community and Comprehensive schools continued to accumulate pensionable service in both their teaching post and as a member of the Oireachtas.

The 2011 Government decision is communicated to school management and teachers in Chapter 4 of the Terms & Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools - Career Break Scheme where it states: “The main objectives of this scheme below, which are not exhaustive, is for employers, wherever possible to facilitate applicants in the areas of: ............... Public Representation".

To permit Oireachtas members to job share in a teaching post whilst still members of the Oireachtas would mean such members receiving two public salaries at the same time. One as a public representative and one as a teacher with consequent reduced hours for the existing replacement teacher.

The reason public representation is not stated in chapter 5 of the Terms & Conditions of Employment for Registered Teachers in Recognised Primary and Post Primary Schools – Job Sharing Scheme is because public representation is already covered in Chapter 4 of the book.

The effect of the Government decisions is that the only means by which a person employed in the education and training sector who takes up a seat in the Oireachtas can temporarily take leave from their post and subsequently return to it is through taking a career break/period of unpaid leave.

I am aware that a number of Oireachtas members are employed as teachers or at other grades in the education and training sector. The career break/unpaid leave arrangements apply to all such individuals while they are sitting Oireachtas members. I am sure that you, along with all members of the Oireachtas, will appreciate the thinking behind the Government decisions in this matter and to allow an Oireachtas member to job share in a teaching post whilst at the same time attend the Oireachtas as a member would not be in keeping with the Government decision.