Mary Lou McDonald (Dublin Central, Sinn Fein)
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172. To ask the Minister for Education and Skills if the procedures set out in Circular 0059/2009 are underpinned by legislation; and if so, the relevant Act. [53540/17]

Mary Lou McDonald (Dublin Central, Sinn Fein)
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173. To ask the Minister for Education and Skills if there are exceptional circumstances in which the formal procedures set out in circular 0059/2009, as issued by his Department, do not have to be adhered to once the initiation of the formal process has begun; and if he will provide a list of these applicable circumstances. [53547/17]

Richard Bruton (Dublin Bay North, Fine Gael)
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I propose to take Questions Nos. 172 and 173 together.

Circular 0059/2009 set out the disciplinary procedures for teachers employed by Vocational Education Committees (VEC). A separate Circular (Circular 60/2009) sets out the disciplinary procedures for non-VEC teachers. The procedures were negotiated and agreed with the education partners in accordance with Section 24(3) of the Education Act, 1998.

Circular 0059/2009 was superseded by Circular 0071/2014 in October 2014 to account for the merger of VECs into Education and Training Boards (ETBs). Where an ETB is dealing with performance or conduct issues in respect of a teacher, the use of Circular 0071/2014 is mandatory. The procedures set out in Circular 0071/2014 may be commenced or ceased at different stages by the employer depending on the circumstances of the individual case concerned.