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Dáil Éireann debate -
Wednesday, 2 Dec 1998

Vol. 497 No. 6

Priority Questions. - Child Abuse by Teachers.

Richard Bruton

Question:

32 Mr. R. Bruton asked the Minister for Education and Science if his attention has been drawn to the disturbing reports that teachers convicted of child abuse appear to have remained teaching for many years after complaints were first raised; and the procedures adopted by his Department in relation to suspension of teachers pending a Garda investigation, monitoring of teachers where Garda investigations are inconclusive and providing school managements with clear rules in relation to the reporting and handling of these complaints. [25861/98]

It is a matter of absolute importance that we should quickly and thoroughly deal with all cases of child abuse brought to our attention. I view with grave concern the details of the case mentioned in this question. On my instructions, my Department's papers on this case have been reviewed and I would like to outline the essential elements to the House. I assumed the Deputy's question related to a specific case which has been topical recently. Other questions on the Order Paper also deal with it so I thought it would be best to tell the House the full story.

A letter of complaint was received by the Department about the principal in question in 1982. This letter referred to his removal from his former position as principal of a primary school as a result of allegations of abuse of boys in his classes in the period 1965-70. The letter also indicated the author had been in touch with the authorities of the secondary school in which the former principal was then teaching.

Following my review of the papers, I am firmly of the view that the Department's response to this complaint was seriously lacking and that there can be absolutely no excuse by reference to the standards of the time. The Department's papers on the matter were made available to the Garda at their request during the course of their investigations.

In the meantime, procedures to deal with similar situations have been completely altered. Guidelines which were issued to all primary schools in 1991 and to second level schools in 1992 set out the procedures to be followed in dealing with allegations or suspicion of child abuse. They emphasised the obligation on school authorities to ensure allegations or suspicions are reported to the health authorities.

The procedures to be followed by my Department where an allegation of abuse is received are set out in an internal instruction of 1995. Where the allegation relates to a teacher or other member of staff of a school, the procedure requires that the appropriate school authorities be notified by the Department. The response of the school is then monitored by an internal committee of the Department chaired by an Assistant Secretary.

Where the allegation is the subject of a Garda investigation, my Department would expect and advise school authorities to suspend the teacher in question pending the outcome of the inquiry. In such cases, salary continues to be paid and substitution provided. Where, following a Garda inquiry, no prosecution is taken or where an acquittal results, I and my Department take and act upon the view that the school continues to have a duty to establish if the teacher in question was guilty of misconduct, albeit misconduct not leading to a criminal charge. The Department carefully monitors the actions of schools in this regard.

Additional information

There can be no room for complacency regarding current procedures. For this reason a working party representative of the education partners is already examining the existing guidelines on abuse to ensure they represent a comprehensive and fully updated response to the issue. Representatives of the health boards have joined the working party. Furthermore, officials of my Department have held discussions with representatives of the working group established by the Department of Health and Children to review child abuse guidelines. Updated guidelines will be issued to schools as soon as the group has completed its final report, which is expected within the next three months. This close co-operation between health boards, the education partners and my Department is essential in safeguarding the wellbeing of pupils in schools.

We must also continue to emphasise the value of preventative strategies in combating this evil. In this context, initiatives such as the Stay Safe programme will continue to play a critical role in promoting an awareness among pupils of inappropriate behaviour on the part of figures in authority.

I know the Minister is replying to issues raised by Deputy Flanagan. Is it the case that, until recently, a spokesman for his Department denied any contact had been made with the Department in this case?

Regarding the procedures, I understand the Department maintains no record of complaints and cannot indicate their number. How can the Minister be sure procedures are being followed in accordance with guidelines if no records are maintained by the Department on the frequency or the following up of such allegations? Surely there is an obligation on the Minister and the Department to maintain records.

A spokesperson wrongly made a statement to The Sunday Tribune that there was no record of the complaint. It was a mistake by the civil servant in question. I have checked it and it appears he was in consultation with another official in the Department and wires got crossed. To prove the bona fides of the case, the letter in question could not be found when the Garda sought it in September 1997. It was later found in the second level section of the Department by staff who then sent it to the Garda along with the file. If any Deputy with an interest in the case wishes to seek access to the file in the Department, it will be made available. It is illustrative although it relates to something which happened 20 to 30 years ago. However, that does not justify what happened.

As I said in my reply, a working party is due to report within the next three months on updating existing guidelines which will place an obligation on schools to inform the Department. What cannot be tolerated is guilt by accusation. Schools have a duty of care and we will lay down strict guidelines in terms of their immediately notifying the Garda and health boards in situations where allegations are made against teachers. The issue of deregistration arises following conviction and it is envisaged the new Teaching Council Bill will have clear procedures for the deregistration of any teacher convicted of offences in this area.

It is a pity under the rules of the House that Deputy Flanagan is not permitted to participate in the debate but I am sure he will follow up on what is said. Why does the Department not maintain proper records of complaints and allegations and how they are dealt with so the Minister can comprehensively answer for what is happening in this area? It is an area of huge importance for which he has direct responsibility and it should be tightened up.

It is envisaged the new guidelines would do that. I agree with the Deputy that there should be records of convictions. The issue of recording allegations would have to be discussed with the partners. There would have to be guarantees for all parties concerned because allegations without substance can occasionally be made about individuals. Those people would have grave concerns if their names were on file in the Department because it would pertain to their professional integrity. What happened in the past is inexcusable and I am determined it will not happen again. There are clear procedures in such situations.

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