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Dáil Éireann debate -
Thursday, 2 Dec 2010

Vol. 723 No. 5

Education (Amendment) Bill 2010: Second Stage (Resumed)

Question again proposed: "That the Bill be now read a Second Time."

I dtús báire, ba mhaith liom a rá go bhfuil áthas orm seans a fháil labhairt ar an mBille Oideachais (Leasú) 2010. Ar nós go leor daoine sa Teach seo, tá cúlra agam san earnáil oideachais. D'oibrigh mé mar phríomhoide scoile. Níl aon dabht ach go bhfuil a lán suime ag gach tuismitheoir agus múinteoir sa tír, agus an pobal i gcoitinne, sna hathruithe atá molta sa reachtaíocht seo. Cuirim fáilte roimh cuid acu, ach ní chuirim fáilte roimh cuid eile acu. Dá bhrí sin, cuirim fáilte roimh an deis labhartha seo.

Under the draft legislation before the House, the vocational education committees will have a defined role in primary education. There is no doubt that the VEC sector has a honourable track record, particularly at post-primary level but also in the further and adult education sector. It has to be said that the legislation is being introduced at a time when arguments of considerable merit are being made by the Educate Together movement, which is seeking to have a role in secondary education. It is worth reflecting on those arguments during the course of the debate on this legislation.

While I recognise the merit of the VEC sector having a role in primary education, it seems logical, in the interests of diversity, parental choice and best practice in setting standards, to reflect on the merits of what Educate Together has done at primary level and to suggest, in that light, that it should be a patron, where appropriate and where required, in second level schools. That point has been well argued in several communities in my constituency of Dublin North, where many primary schools and a secondary school are under the patronage of Educate Together. Just as the Educate Together model serves the needs of people in the primary sector, it should also be allowed to serve those needs when children move to secondary level. It is appropriate to discuss this matter in the context of a Bill that is breaking new ground in the opposite direction, by allowing the VECs to become involved in primary education.

I wish to speak about an alarming aspect of the Bill. I refer to the prospect that teachers who are not fully qualified, or are not registered with the Teaching Council, will be deemed to be acceptable on a long-term basis. They should not be acceptable on any basis at a time when so many qualified teachers who are ready and available for work are unemployed. When I went to college to train to be a primary school teacher, it was a three-year course. Some years before that, it was a two-year course. It is now an onerous four-year degree course for many students, who get excellent qualifications not only in mainstream education but also in special needs education and many other areas of primary education. By employing people who have not gone through this process and qualified accordingly, certain schools are diminishing this qualification in a short-sighted manner.

When I discussed this matter with Cumann Múinteoirí Éireann — the INTO — it was indicated to me that approximately 1,000 qualified teachers are seeking employment on a day-to-day basis. I have been told by principals that it is not always possible to find teachers at short notice. That matter can be resolved. The INTO has indicated to me that an interactive website will be up and running by Christmas. It will facilitate principals and unemployed teachers who wish to make contact with each other at the shortest possible notice, which is often the reality when teachers phone in sick. Indeed, the current weather may be preventing teachers from getting to their places of work, if such schools are open. I am aware that many schools are open.

This issue requires much more reflection. I hope the points that are being made on Second Stage will inform the amendments that will be proposed on Committee Stage. I refer specifically to the need to help teachers who are looking for employment and who are qualified. We will see after Christmas whether the website I have mentioned will serve the purpose for which it is required and help us to overcome this issue. A short number of years ago, we established the Teaching Council, which was a very progressive and essential move. The council needs to be copperfastened, strengthened, developed and supported so that it can work better. I do not believe the proposal to accept unqualified teachers is in the best interests of children, of education or of the teaching profession.

I refer to patronage in so far as it relates to enrolment. I have nothing against diversity but when it militates against what I regard as the best interests of children, it has to be questioned. I refer to the first come, first served, enrolment policy in some schools, regardless of older siblings already in the school. This means that a family without a car or perhaps a single-parent family who tries to enrol a younger child in a school which an older sibling attends may be unable to enrol the younger child in the same school. Such a family is put under significant pressure — to add to what pressures and strains it may already suffer. A parent may be required to ferry, walk or cycle a child to school, then bring another child to another school. This may require one or other of the children to be late, thus creating considerable tension.

I acknowledge the principle of fairness behind this policy, that every child should be respected for his or her integrity and identity and should not be regarded as just an associate of another child by virtue of being a sibling. However, under the Constitution, the parent is the primary educator and therefore the family is the primary location or context for education. To undermine this inalienable right is an unwise development. This issue is in the hands of the patron bodies and the individual schools but the Department needs to put down a number of markers which will protect the best interests of the child in the context of the family and to keep siblings together. I make this argument based on my first-hand experience and I hope it can be considered. I look forward to hearing other views in this regard.

The regulation of school holiday is another matter which is not as contentious as the issues of enrolment, patronage or the employment of qualified teachers but it is an issue which the Garda Síochána has asked me to raise. I do so at this opportunity because it is relevant to the amendment of the education legislation. Even though it may not be a legislative matter, it is pertinent to this debate. Considerable work has been done to harmonise school holidays to serve the needs of everyone, particularly the children and their families. A certain amount of synchronisation is required so that people can combine a work life with a family life and their children's education is not upset. The mid-term break at Hallowe'en makes headlines every year with the anti-social nature, to put it at its mildest, of the Hallowe'en period. Bonfires and vandalism, theft of combustible materials are common occurrences. I have been told by teachers and gardaí that much of this could be avoided if the school mid-term break began with Hallowe'en rather than ended with it. This would seem to be a simple and logical request. I do not believe it has fallen on deaf ears but it has probably become stuck somewhere in the process between the Department and the Teaching Council. I ask that this common sense proposal be progressed.

I also ask that consideration be given to the difficulties faced by individual schools within a limited catchment area such as a large town. My home town of Balbriggan is an example. It has a number of primary schools under differing patronage but all receive applications for enrolment from the same child. The school principals work in co-operation and this provides an awareness of the practice of enrolling a child in a number of schools to ensure that the child is given a school place. Parents apply to a number of schools to ensure their child is given a place in a school.

The system at third level works well whereby enrolment is administered by a central body, the Central Applications Office. Some type of central administrative system could be used as a template for localities such as large towns where there is an issue of multiple enrolments which entails a considerable amount of pressure on schools when waiting lists do not reflect the reality of applications. A central administration of enrolments could be of benefit to both the schools and the parents in a catchment area. It would help reduce the stress on parents when looking for a school for their children. Pressure of numbers in areas such as Fingal, which is a fast-growing area, means that parents do not know whether their child has a place until the very last moment. I ask the Minister of State to consider those points.

The patronage provisions in this legislation are relevant to all schools, particularly those schools on the schools building programme list. It was quite frustrating to hear, although I know it can be explained in many cases, that money had not been drawn down while many schools are waiting for building projects. At the Donabate-Portrane Educate Together school, which consists entirely of prefabs, fuses were blowing all over the place as the staff attempted to heat the prefabs and used hot water to melt water pipes. Eventually, they had to give up as the elements beat them, and they closed the school and allowed in the workmen who had come to repair the pipes and other problems caused by the seriously cold weather. This highlights how unsatisfactory many of the school building arrangements which depend on prefabs are. There is a strong economic argument to be made for building better-insulated structures that would serve modern educational needs as well as saving money and energy. I feel quite sad about the suggestion in the report that money was not spent. The money has been allocated and will be drawn down and spent; however, it is mystifying to hear such reports.

I ask that we give priority, as we in the Green Party have endeavoured to do, to education, and not only with regard to the pupil-teacher ratio, although this is vital. We are not in a good position in the OECD and in the EU in that regard, so let us try to improve rather than languishing at the bottom just ahead of the UK. It must be noted that schools in the UK have other posts in their classrooms, so it is perhaps not comparable. To proceed with the building programme is the ultimate win-win option, because there are so many people unemployed in the construction industry at the moment. We should prioritise the building programme and ensure that schools with prefabs are improved to a standard at which they can save energy and money and provide the quality of education we all desire for our children.

I welcome the opportunity to contribute to this debate on the Education (Amendment) Bill. My party broadly supports the purpose of the Bill, which is to provide recognition for diversity in primary school education. Currently, 92% of education in this country is provided by religious orders, which is unsustainable in the long term. What is really needed is a national forum to listen to the parents of young children and find out where they see the future of primary education in this country. The Minister's decision not to go ahead with the national forum on education was wrong. Such a forum would have enabled us to listen to the needs of parents and would have influenced necessary changes in the area of primary education. Parents should be consulted because, after all, they know what is best for their children.

There is a provision in the Bill that deals with untrained teachers in schools, a point that was mentioned by Deputy Sargent and others. The current situation is ridiculous in view of the number of trained teachers who are unable to obtain employment and are on the dole queues, while untrained teachers are being used to fill posts. This is clearly wrong, and the Bill must implement change in this regard. Last year, for example, 300 unqualified teachers taught in Irish schools for more than 100,000 days. This should not happen while other teachers who cannot find work must emigrate.

The Government has not paid enough attention to speech and language therapy over the past ten years. The decision to transfer the responsibility for this from the Department of Education and Skills to the HSE is flawed in view of the current state of play in the HSE, which is experiencing multiple problems. This is an area in which parents have grave concerns. Many parents have fought tooth and nail to get the basic minimum standard of education for their children and they feel that if the service is to be transferred, the situation will disimprove and their children's interests will not be fully protected. This change in the Department must be fully explained and we must be told who in the Department will have responsibility for speech and language services.

This Government has quite a poor record in the area of special needs. In last year's budget many special needs assistants lost their jobs, and in the forthcoming budget next Tuesday more special needs assistant positions will probably be axed. This is unacceptable in view of the demand that exists among students for special needs assistants to help them in their studies.

The Government has also failed in the area of dyslexia. No study has ever been carried out in Irish schools to determine how many children suffer from this condition. The grant given by the Government to the Dyslexia Association of Ireland is €63,000 per year, as it has been for the past ten years. This is a very small amount of money. If the Government was willing to put its money where its mouth was, it would be providing a lot more money to ensure this issue receives due attention, rather than paying lip service to it. If we consider where much of the money in this country has gone over the last ten years, it is clear that it would have been better spent in the area of special needs.

Deputy Sargent also raised the issue of the €331 million that was not spent by the Department of Education and Skills, which makes many parents and pupils angry when they consider the conditions that pupils must endure in some schools. We know that 1,200 schools are awaiting State approval for their building projects, and many of these are using prefabs with multiple problems — they do not retain the heat and they allow rain and vermin to get in. There is now a fear that the Department will not draw down this money by the end of the year and the money will ultimately be lost rather than being used to supply what is necessary for functioning schools.

All children should have a right to be taught in proper conditions. In addition, teachers should not have to teach pupils in cramped and dated conditions. It is imperative that the money is put into capital spending and improving conditions, because there are some very poor schools that need these funds badly.

The Minister's policy on autism is flawed and has failed. A total of €80 million was spent on pilot projects in the past 10 years, including ABA schools, which use a particular method of teaching autistic children. A report was produced in 2006 entitled An Evaluation of Educational Provision for Children with Autistic Spectrum Disorders. However the pilot visiting to schools took place eight years previously between 2001 and 2002. To have spent such an amount of money without fully evaluating the benefits of the project for the parents of autistic children represents a complete failure and dereliction of duty by the Minister for Education and Skills. Children deserve better and they deserve the proper provision of education. Parents should be fully consulted before any decision is made to close these schools.

The Department of Education and Skills has made a decision to replace the ABA schools with special schools and autistic spectrum disorder units, employing what is termed an "eclectic approach" to educating children with autism. However, no research has been produced to support the use of this favoured eclectic approach. In her response at the conclusion of this debate I call on the Minister of State to hone in specifically on autism and on why the Government has decided to abandon the ABA approach and move towards a more eclectic approach. Recently, Department of Education and Skills officials admitted that there is no research evidence to support this eclectic model. It has been brought to my attention recently that the Department is not evaluating nor has it plans to evaluate the effectiveness of the new autistic spectrum units. Will the Minister of State comment on this as well? Millions of euro are being invested into this model or unit but there is no research to support its effectiveness. The Minister has no real idea of whether these approaches will work. Will they benefit children with autism? There appears to be no desire to establish whether this is the case. Children with autism are the most vulnerable in our society and they need help and proper support.

The Government must fully explain why it has changed its approach and why it has chosen to take this course of action. Children deserve a good deal better. I have no wish to delay the debate further. I fully support the Education (Amendment) Bill. It is a first step to provide recognition for diversity in education. However, there must be a national forum on patronage to take into account fully the wishes of parents with regard to the primary education of young children. Parents must be consulted and this must be the priority for the Minister for Education and Skills.

I thank all Deputies for their contributions to the debate. Several important issues have been raised and while they will of course be discussed in detail on Committee Stage, I wish to respond briefly to some of the key points made. I welcome the general support for the provisions in the Bill which will enable vocational education committees, VECs, to extend their role beyond their current remit. The solid track record of VECs in education at second level has been fully acknowledged by many Deputies on all sides of the House. Most Deputies would also agree that, given this track record, the VECs are the appropriate vehicle for the State's active participation in primary education provision. Whether this involves opening a new school in an area where demand has been identified or where there is a requirement to assume full or joint patronage of an existing school, the State can no longer stand aside and rely solely on private patrons.

Therefore, the community national school model is an additional and complementary alternative to the provision by private patrons. The development of the community national school model has been informed by consultations with all of the relevant education partners at primary level, including representatives of parents. This dialogue will continue as the model develops and this is part of the learning process to be derived from the pilot model.

On the wider patronage issue, I recognise that several processes are ongoing in the Department of Education and Skills in this area. It is preferable to advance consideration and trialling of the practical issues involved in patronage change rather than holding a more general and theoretical discussion at national level. The extent and nature of further consultation, including consultation with parents, will be determined as the work under way progresses.

The ethos of the community national schools is based on inclusivity and respect for diversity. The schools have a specific aim of seeking to cater for all faiths and none during the school day. This ethos will uphold the rights of all children, parents and teachers in the schools and in that respect I am satisfied the State will fulfil its international and other obligations in this area. I concur with the view of Deputy Burton that the most important thing for community national schools is that they become centres of outstanding achievement, learning and experience such that they are sufficiently attractive to parents of all backgrounds. The experience to date in the pilot schools augers well for the future. There is evidence of positive partnership between parents, teachers, school management and the wider community, which is very encouraging and is contributing significantly to the development of the model. Like all parents, the parents of children in these schools seek the best education for their children. I am satisfied that VECs are well placed to meet this demand in the role which the Bill provides for as patrons at primary level.

Section 5, which deals with governance of the VEC primary schools, is an important provision. I have noted the comments made by Deputies and they will be addressed in detail on Committee Stage. In terms of the experience to date in the schools, the clear strength of the schools is the level of participation by parents, teachers and the wider community. The schools are being run in a true spirit of partnership between all members of the school community and this partnership will be formalised following the enactment of the legislation.

Concerns were expressed about the provision in the Bill with regard to clarification of the definition of speech therapy services. As the Tánaiste has already stated, the objective of this provision is to clarify the position with regard to the delivery of speech therapy services and other health and personal services to school children. Speech and language support therapy is provided by the HSE to school children who have been assessed as having communication difficulties. This amendment acknowledges the role of the HSE in the delivery of these services under the Health Act 2004 and reflects the position in practice. The Tánaiste has already pointed out that the HSE receives Oireachtas funding for this service.

I have noted the comments of many speakers in respect of the provisions of section 12, which provides for the amendment of section 30 of the Teaching Council Act 2001. In particular, I note the concerns expressed about the difficulties being experienced by newly-qualified teachers. The amendment to section 30 of that Act contained in section 12 provides that a person employed as a teacher, who is not registered with the council or has been removed or suspended from the council's register, cannot be paid from public moneys. It also allows for regulations to be made to define the limited situations in which schools may be permitted to engage people who are not registered.

As it stands, section 30 has not been commenced. Without the proposed amendment, it would not be possible to commence the section for the foreseeable future. First, there is a legacy issue with a small number of people teaching in our schools who have acquired employment rights and have a certain permanency within the system. Amending the section will allow for its commencement and for regulations to be made under the section to identify and ring fence these people. This is entirely consistent with the approach laid down in the original Teaching Council Act, which recognised the legitimacy of rights of people currently in schools not to be displaced. Second, and apart from this legacy situation, we need a practical solution to the situation where the engagement of an unregistered person is required in urgent and exceptional circumstances. It is the Minister's intention to ensure that the regulations under the amended section will strictly limit the engagement of unregistered people as far as possible, while still ensuring that schools can operate. Much greater detail with regard to the content of those regulations will be set out on Committee Stage.

This general approach is already reflected in the Department of Education and Skills direction to schools earlier this year. As a result, the use of persons not registered with the Teaching Council to teach in our schools has decreased substantially. Under the terms of the direction to schools, a school must ensure that teachers proposed for appointment to publicly paid teaching posts are registered with the Teaching Council and have qualifications appropriate to the sector and suitable to the post for which they are proposed.

Only where an employer can satisfactorily demonstrate that every reasonable effort has been made to recruit an appropriately qualified and registered teacher may an unqualified or unregistered person be recruited pending the recruitment of an appropriately qualified and registered teacher.

Retired teachers returning to teach, an issue many newly qualified teachers in search of teaching experience have raised, on a full-time basis or on certain part-time contracts will have their pensions abated. The Department of Education and Skills is also examining other employment situations to explore whether and how there should be pension consequences for retirees returning to the classroom for even shorter periods. It should, however, be noted this situation is quite contained. In a two-month sample period in the past school year, retired teachers accounted for less than 8% of the number of substitute days worked in primary schools.

I thank Deputies for their considered contributions to the debate and look forward to a more detailed debate on Committee Stage.

Question put and agreed to.
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