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Dáil Éireann debate -
Tuesday, 16 Dec 2003

Vol. 577 No. 3

Priority Questions. - School Staffing.

Olwyn Enright

Question:

41 Ms Enright asked the Minister for Education and Science his views on the lack of vetting procedures for teachers and other staff in primary and secondary schools; [31157/03]

Ensuring the protection, health and welfare of children in schools is a key concern for parents, schools and society generally. At present, the central vetting unit run by the Garda Síochána processes requests for clearance from the Department regarding bus escorts and special needs assistants provided to children with disabilities or other special educational needs. However, other employees and volunteers in the education sector are not covered. My Department is actively involved in progressing work in this important area.

As the Deputy will be aware, a joint working group on child protection was established by the North-South Ministerial Council, composed of officials from my Department and the Department of Education, Northern Ireland. The council accepted the broad approach taken in that report and signalled its desire to have detailed proposals for legislation prepared. The main thrust of the proposals is to provide structures through which people who are a risk to the safety of children can be prevented from being employed in schools.

The proposed legislation would comprise: the establishment on a statutory basis of a register for persons who are considered unsafe to work with children; a framework for co-operation and liaison between the relevant bodies in the health, justice and education spheres as well as between agencies in Northern Ireland, England, Scotland and Wales; provisions relating to access to the register which have due regard to child safety; and the rights of individuals named in the register. Work by my Department on the preparation of a draft discussion paper is at an advanced stage. The direction of the paper is dependent on the recommendations of the interdepartmental working group on reform of Garda vetting.

The North-South Ministerial Council agreed at the time that the Department would consult with the education partners regarding the recommendations made by the group and it is my intention to do so. However, it is clear that the issues involved do not relate solely to my Department and continuing co-operation between the Departments of Justice, Equality and Law Reform, Health and Children and Education and Science will be required in bringing forward reforms.

Will the Department of Education and Science remain as the sponsoring Department for legislation in this area? I note that the Department is cited as the sponsoring Department in the legislative programme but a motion in Private Members' business to be discussed tonight has been passed to the Minister for Justice, Equality and Law Reform.

The Minister referred to the North-South Ministerial Council. I agree that anything done in this area must be done on a North-South basis to some extent. It is something that also needs to be dealt with on a wider EU level. Has the Minister any intentions in that regard during the Irish Presidency?

Is the Minister aware that the system in Ireland is 20 years behind the system in place in Northern Ireland? While it is desirable to co-operate on a North-South basis, we must make advances in this State before we are in a position to implement measures on that basis.

What is the timeframe envisaged by the Minister for the interdepartmental working group to complete its deliberations and for the publication of a Bill?

The Department of Education and Science will remain the sponsoring Department. If legislation were to arise as a result of the work of the interdepartmental working group on Garda vetting, there would be a question of the Department of Justice, Equality and Law Reform sponsoring that legislation. If one Bill can cover both I would be happy to be its sponsor or to allow the Department of Justice, Equality and Law Reform to do so.

On the wider question of raising the matter at European Union level, I take the point made by the Deputy and I believe it is well worth pursuing. However, until such time as our own house is put in order and with regard to Northern Ireland and east-west, I would not put the matter of Europe at the top of my list. The systems must first be put in place here.

The system is slightly further advanced in Northern Ireland but there is not a significant difference between us. The system used in Northern Ireland, the PECS system, allows employers to check the suitability of those applying to work with children or adults with a learning disability. That system is operated by the Department of Health, Social Services and Public Safety. I assure the Deputy that the Department will continue to regard the matter as urgent.

The Minister in his reply referred to bus escorts and special needs assistants being vetted at present. How detailed is the vetting and why were they the only two areas chosen for vetting? Does the Minister envisage the legislation will include everybody in the education sector and also in the youth work sector which is under the remit of his Department?

I do not wish to anticipate what might arise from the discussions. I certainly envisage that it will apply to the education sector and sectors which deal with vulnerable young people. The reason bus escorts and special needs assistants are being vetted at present is because these services are required by those who are regarded as being particularly vulnerable groups in need of most care and attention. That is the reason they were prioritised and the Garda agreed to do the vetting in that case.

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