Dáil Éireann debate -
Tuesday, 13 May 2003

Vol. 566 No. 3

Written Answers. - Staff Screening.

David Stanton

Question:

244 Mr. Stanton asked the Minister for Education and Science the requirements in place by his Department to ensure that persons under the aegis of his Department working with, or transporting children or persons with a disability, have been screened and have Garda clearance in order that adequate protections are in place to prevent harm or assault to such children or to such persons with a disability; the nature and extent of background checks or Garda clearance required; if he is satisfied that all possible steps are being taken to guarantee the safety of patients and clients in this context; the plans he has to add to or to improve the safety measures currently in place; and if he will make a statement on the matter. [12622/03]

Minister for Education and Science (Mr. N. Dempsey)

Employment of school staff is primarily a matter for the boards of management of schools who have a statutory responsibility in this regard. School authorities have a duty of care to their pupils and normal practice is to insist on letters of reference from previous employers before offering a position.

Bus Éireann is responsible for the day-to day operation of the school transport service, including the appointment of contractors who are employed on an individual contract basis. My Department has no involvement in the matter. However, the schemes governing bus escorts and supervision and substitution arrangements for post-primary schools both require appointees to be vetted by the Garda Síochána. The procedure involves the proposed appointee signing a form of consent to his or her proposed appointment being sent for Garda clearance. In addition, under the Sex Offenders Act 2001, it is an offence for a person, who has previously been convicted of a sexual offence, to apply for a position that involves access to children. My Department's guidelines for dealing with allegations and suspicions of child abuse have also recently been revised in consultation with the education partners and copies have been issued to all primary schools and in-service training has been provided to primary school teachers to support these.

My Department is also consulting with the education partners and the Department of Justice, Equality and Law Reform seeking their observations on the issue of Garda clearance for teachers. As large numbers of appointments are made every year, significant Garda resource issues arise. Screening procedures other than Garda vetting, such as references, will be explored in the discussions with the education partners. In addition, the child protection joint working group, composed of officials from the Department of Education and Science and the Department of Education Northern Ireland, has recommended the establishment of a confidential mechanism across the Britain and Ireland for the reciprocal identification of people who are considered to be unsuitable to work with children and young people. I intend to bring proposals to Government in the near future with a view to establishing a cross-governmental working group to finalise proposals for legislation on this.