Dáil Éireann debate -
Tuesday, 23 May 2000

Vol. 519 No. 5

Written Answers. - Suspension of Teachers.

Joe Higgins

Question:

355 Mr. Higgins (Dublin West) asked the Minister for Education and Science if he will immediately provide for a sworn inquiry into the circumstances surrounding the suspension of a a teacher at a school (details supplied), as guaranteed in his Department's memorandum to the Teachers' Union of Ireland in relation to the employment of teachers in community and comprehensive schools. [14466/00]

Minister for Education and Science (Dr. Woods):

The memorandum to which the Deputy refers was issued in 1979 by the then secretary of the Department of Education and sought to reassure some teachers in community and comprehensive schools that they would enjoy the same rights as regards disciplinary matters as teachers employed by vocational education committees. However, as regards a sworn inquiry specific statutory powers are required before such an inquiry could be held. Teachers under vocational education committees are, as officers of vocational education committees, specifically covered by the vocational education Acts. Community and Comprehensive school teachers are not. In the absence of statutory powers, I cannot establish an inquiry as requested which would take evidence on oath and compel witnesses to attend. Any attempt on my part to do so would be ultra vires.

The vocational education Acts, however, also provide for unsworn inquiries. Such an inquiry depends upon the voluntary participation of the parties. I have proposed to the board of management of the school concerned and to the teacher concerned that, in order to bring the matters at issue between the two parties to a resolution, I would appoint a person to carry out such an inquiry. While the board has agreed to participate, the teacher has refused to do so. In the circumstances I have no legal capacity to inquire into the matter which must now be dealt with by the board of management as the teacher's employer.