Dáil Éireann debate -
Tuesday, 25 Feb 1997

Vol. 475 No. 4

Adjournment Debate. - Carlow Regional Technical College Teacher Contracts.

Mr. Molloy

Go raibh maith agat, a Cheann Comhairle, as deis a thabhairt dom an cheist seo maidir le múinteoirí sa choláiste réigiúnda i gCeatharlach nach bhfuil postanna buan acu, a árdú.

Is the Minister for Education aware that some members of the teaching staff at Carlow Regional Technical College, who previously had extended part-time and temporary whole-time teacher contracts, have not had those contracts renewed for this academic year? They are now being paid at part-time hourly rates resulting in a virtual halving of their monthly income which, for some reason, is paid two months in arrears.

Failure to renew their contracts has meant the loss of holiday and sick pay in addition to all the entitlements of a staff member in a permanent post. To qualify for extended part-time and temporary whole-time contracts in regional technical colleges, teachers must have an honours degree and three years' post-degree experience. Teachers on these contracts are paid at the first salary scale which may be incremental.

I would like the Minister in reply to confirm whether a case brought in the Dublin Institute of Technology some years ago established continuity or rollover of contracts from one year to the next as long as the contract holder was doing a satisfactory job and the teaching subjects and hours covered were available, that is, not covered by a new permanent person.

The management of Carlow regional technical college and the Department of Education have so far failed in this academic year to renew the contracts of a number of teachers at the school who are continuing to do all their normal teaching duties but who are now only paid as part-time members of the staff at a part-time hourly rate of £22 per hour for hours taught. I understand these teachers can be let go at one day's notice.

There has been a new trend in some of the regional technical colleges in recent years to give seven hours part-time teaching or less to teachers, thus excluding them from the rights of part-time workers under the labour Acts which require eight or more hours to establish legal rights to certain conditions. In Carlow regional technical college approximately 25 teachers are caught by the non-renewal of extended part-time and temporary whole-time teacher contracts or by failure to get this contract for the first time this year. Some of those teachers have had their annual salary reduced from £25,000 per annum to the part-time teacher hourly rate which will, at most, give them £10,560 per year on the basis of 16 hours teaching for 30 teaching weeks at the rate of £22 per hour.

I do not have to elaborate further to explain to the Minister how unfair and unjust this is for the individuals involved. I appeal to the Minister to recognise the right of continuity or rollover of contracts and to bring to an immediate end the disgraceful treatment of some of the staff at Carlow regional technical college.

Mr. Deenihan

I am grateful to the Deputy for raising this matter and for the opportunity it affords me to clarify the position. I must point out initially that the Regional Technical Colleges Act, 1992, states that "a college may appoint such and so many persons to be its officers (in addition to the Director and servants as, subject to the approval of the Minister given with the concurrence of the Minister for Finance, the Governing Body from time to time thinks proper".

Accordingly, the function of the Minister for Education in relation to the staffing of the colleges is to sanction a quota of posts for each institution. The arrangements for the filling of vacant posts within the overall quota of sanctioned posts and sanctioned levels are generally a matter for college management. In a letter to the director of Carlow regional technical college on 13 August 1996, his attention was drawn to the fact that sanction for the creation of posts is a matter exclusively for the Minister with the concurrence of the Minister for Finance. It was also pointed out that the college would need to continue to seek departmental sanction for the creation of new and additional posts, whether permanent or temporary, or any upgrading to posts already sanctioned.

The Department had sanctioned a quota of posts for the college which was increased over the years to take account of increased student numbers and various other relevant circumstances. The Deputy will be aware there are constraints on numbers employed in the public service generally and it is incumbent on college management to be aware of these constraints and to have regard to them when making demands on the Department for increased staffing numbers.

Demands from all institutions, at all levels of education, invariably exceed the resources available to the Department. Consequently the allocation of resources is based on the priorities identified in consultation with the colleges. Following this it is the responsibility of local management to manage their institution and to make appropriate appointments within the quotas allocated by the Department.

For the academic year 1995-6, the Department sanctioned a total of ten additional permanent staff for Carlow regional technical college at lecturer 1 level. This additional allocation was granted to take account of increased student numbers and to help the college reduce its dependency on part-time staff. A case had been made by the college management to the Department about the difficulties it had encountered in finding suitable part-time lecturers and this difficulty was taken into account. As there were severe restrictions on additional staff numbers being recruited in the public service at this juncture, it is clear that the Department in its dealings with Carlow regional technical college was being generous in its allocation of ten extra posts.

Subsequently it transpired that there was a need to sanction an additional three posts at lecturer 1 level in Carlow regional technical college to regularise appointments that had been made by the college. Consequently a total of 13 additional posts at lecturer level were added to the quota of sanctioned academic posts for Carlow regional technical college between September 1995 and September 1996.

However, following discussions with the management of Carlow regional technical college regarding its quota of sanctioned posts in the context of ongoing monitoring of staffing in the sector generally, the college sought sanction for an additional number of temporary academic posts, i.e., 29 lecturer 1 posts and five EPT posts, in addition to a large number of part-time lecturers. To evaluate the claim for such a large number of extra posts the college was asked to submit a detailed analysis of its needs supported by a comprehensive report to justify the demand.

Following extensive correspondence and a number of meetings with the college authorities it was eventually confirmed by the college that the academic staffing in the 1994-5 and 1995-6 academic years exceeded the levels sanctioned by the Department. Notwithstanding the explanations given by the college the Department considered the position that had arisen extremely unsatisfactory and of grave concern. However, in view of the need to protect the interests of the students and to ensure the smooth running of the college it was decided, as an exceptional measure, to sanction the actual whole-time equivalent staff numbers in place in the academic year 1995-6. This sanction comprises the existing approved posts and a further 46 whole-time equivalent posts.

These arrangements are approved for the current academic year only and will be subject to review in the context of the programme for 1997-8 and the budget for 1997 to be submitted by the college for approval shortly. The college has been directed that any contracts entered into by college management in respect of the additional posts must have regard to the above conditions.

The director of the college was asked on 19 February 1997 to submit for the approval of the Department proposals for the filling of the 46 whole-time equivalent posts. Proposals have not as yet been received. The position, therefore, is that college management is responsible, in accordance with its duties under the regional technical college Act, 1992, for deciding how the sanctioned posts are to be filled and for entering into appropriate contracts with the staff appointed. As I indicated at the outset, the Department is not directly involved in contractual arrangements between the college and its staff. Accordingly it is a matter for the college as the employer to deal with any complaints of staff with regard to their contracts of employment.

The Dáil adjourned at 11.10 p.m. until 10.30 a.m. on Wednesday, 26 February 1997.