Joan Burton (Dublin West, Labour)
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185. To ask the Minister for Education and Skills if there are remaining sections of the Teaching Council (Amendment) Act 2015 to be commenced; the timeframe 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. [2988/17]

Joan Burton (Dublin West, Labour)
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199. To ask the Minister for Education and Skills his plans and the timeframe in respect of complementing the fitness to teach provisions of the Teaching Council (Amendment) Act 2015; and if he will make a statement on the matter. [3003/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 185 and 199 together.

The Teaching Council (Amendment) Act 2015 has been commenced in full. I commenced the final sections in July 2016, which provided for the introduction of the fitness to teach process.

The Deputy will appreciate that the fitness to teach process is independent of my Department and she should contact the Council directly for 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 2016, during the current reporting year. I look forward to the next annual report which will be due after 28 March next.

With regard to complementing the fitness to teach provisions, as the Deputy will be aware the Programme for a Partnership Government provides that the Government will introduce a stronger complaints procedure and charter for parents.

On 5 December 2016, I published the General Scheme of an Education (Parent and Student Charter) Bill 2016. The Government have approved the draft outline of a new law, which will require every school to consult with parents and students, and publish and operate a Parent and Student Charter.

 The publication of this draft legislation will fulfil a key commitment in the Action Plan for Education to improve information and complaint procedures for parents and students relating schools. The draft legislation defines the principles that will guide how schools will engage with students and parents.

Following consultation with our education partners, including the National Parents Council (Primary), National Parents Council (Post Primary) and the Irish Second-level Students Union, I will finalise national guidelines on a Parent and Student Charter.

The draft Bill will now go to the Oireachtas Committee on Education and Skills for pre-legislative scrutiny.

The provisions of both sections 24 and 28 of the Education Act are relevant to the new investigatory powers of the Teaching Council. Section 24, is particularly significant as it provides to schools as employers the procedures to deal with teacher conduct or underperformance. It would be expected that schools, as employers, would deal with issues of teacher conduct or underperformance under Section 24 procedures. In addition, it would be expected that parental complaints in relation to teacher conduct or underperformance may also be dealt with under Section 24 procedures by the school, as employer.