Mary Lou McDonald (Dublin Central, Sinn Fein)
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117. To ask the Minister for Education and Skills if senior staff in a college (details supplied) have been proven to have been negligent in their duty of care in protecting a whistleblower or have been proven to be involved in penalising a member of staff of a university or institute of technology under section 12(1) of the Disclosure Act 2014; the sanction for these persons in respect of their jobs; the person or body that enforces the sanctions; if these persons pay for their own legal advisers or if the college pays for legal advice on their behalf; if persons have been held to account for same in an educational organisation; the sanction if a senior official of his Department or the HEA knew or ignored serious matters regarding whistleblowers; and if he will intervene in such matters. [30321/17]

Mary Lou McDonald (Dublin Central, Sinn Fein)
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118. To ask the Minister for Education and Skills the reason for delays in dealing with serious cases of whistleblowing within colleges; the further reason colleges are not proactive in such cases; if his attention has been drawn to the costs involved and the failure to look after the physical and mental health of persons; his plans to help and reward persons who have stood up to wrongdoing in educational organisations in view of the fact that whistleblowers are not protected by his Department with regard to their future careers; and if he will make a statement on the matter. [30322/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 117 and 118 together.

The Deputy has not named the Institute in question so I can provide only limited information.

The Protected Disclosures Act 2014, which came into effect on 15 July 2014, allows for any employee of a higher education institution (HEI) to make a disclosure to the Chief Executive Officer of the Higher Education Authority (HEA) on any matter relating to the funding, planning and development of higher education and research in the State. The Act provides a framework within which employees of HEIs can raise concerns regarding potential wrongdoing in the workplace that has come to their attention and provides appropriate protections if they are penalised by their employer or suffer any detriment for doing so.

The HEA has a process in place for receiving these disclosures and takes appropriate action on any governance issues identified via this process with regard to an HEI. In the event that the HEA is not satisfied by a response received from a HEI which is the subject of a protected disclosure, it can consider recommending to my Department the appointment of an Inspector (in the case of IoTs) or a Visitor (in the case of Universities).

In addition, to complement the existing power to appoint a Visitor in the University sector, I will be seeking Government approval for a new power for the Minister for Education and Skills to appoint an investigator into a University in certain circumstances.

Issues raised by means of Protected Disclosures are taken very seriously by my Department and the HEA.

Mary Lou McDonald (Dublin Central, Sinn Fein)
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119. To ask the Minister for Education and Skills if whistleblowers who are on sick or stress related leave are paid in full; if not, the reason for same; if educational organisations contact whistleblowers on leave to ascertain their state of health; and if he will make a statement on the matter. [30323/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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The conditions governing the payment of salary for Civil Servants while on sick leave are contained in circular 12/2015. Section 3.9 of the circular provides an avenue for a staff member to avail of the Civil Service Employment Assistance Service for the overall wellbeing of the staff member.  Section 3.11 provides a mechanism for a member of staff to apply to extend the period of paid sick leave under the Critical Illness Protocol. 

The full terms of the circular can be viewed on the Department of Public Expenditure & Reform’s Website. 

Under the Education Act 1998 (as amended by the Education (Amendment) Act 2012) it is the Board of Management or Education and Training Board, as appropriate, which is responsible for employment of school staff in accordance with procedures published by the Department following consultation with the education partners.

Following a review of sick leave arrangements, a new Public Service wide sick leave scheme was introduced across the Public Service in 2014.  The Public Service Management (Recruitment and Appointments) (Amendment) Act 2013, provided the Minister for Public Expenditure and Reform with the power to make regulations that set out the specific details of the Public Service Sick Leave Scheme.  These regulations are contained in SI 124 of 2014 and provides for employers to grant the following:

- A maximum of 3 months (92 days) on full pay in a year

- Followed by a maximum of 3 months (91 days) on half pay

- Subject to a maximum of 6 months (183 days) paid sick leave in a rolling four year period.

A person who becomes incapacitated as a result of a critical illness or serious physical injury may be granted extended paid sick leave, in exceptional circumstances of:

- A maximum of 6 months (183 days) on full pay in a year

- Followed by a maximum of 6 months (182 days) on half pay

- Subject to a maximum of 12 months (365 days) paid sick leave in a rolling four year period.

Details of teachers' sick leave entitlements are set out in the electronic book "Employment Terms and Conditions for Registered Teachers in Recognised Primary and Post Primary Schools" and in Circular 0054/2015 for Special Needs Assistants.  These documents are available on my Department's website.

The notification and recording of sick leave is a matter between the employer and employee and it operates regardless as to whether the staff member is a “Whistleblower” as referred to by the Deputy in her question. There is no provision for "whistleblowers" to be treated differently to other employees.  In the event the Deputy has a concern about a particular case she can bring such a matter to my attention and I can request officials at my Department to examine the matter further.