Amendment No. 1 in the name of Senator O'Toole is consequential on amendment No. 2. Amendments Nos. 1 and 2 may, therefore, be discussed together.
Teaching Council Bill, 2000: Committee and Remaining Stages.
Sections 1 to 5, inclusive, agreed to.
SECTION 6.
I move amendment No. 1:
In page 8, line 28, to delete "and".
This amendment reflects a concern among teachers. The work of schools and teachers now covers a wide variety of different approaches. There is a worry among some members of the profession that an issue could arise never anticipated during all the time the Bill was being prepared, that is, the employment of non-teachers in schools to break down the work in a particular way.
I am aware that it is not the view of Minister that unqualified people should work as teachers, but there is a sense that the profession is in need of reassurance. It has taken a battering regarding the importance of its work. It is the view of teachers that the Bill should reflect the fact that their job is important, crucial and central to the work of schools and that the work should be done by qualified teachers. The Bill should reflect this approach. I would like to hear the Minister's response.
I have to go along with the Senator on that aspect of the matter. It is very important, in the light of what has come out in the newspapers recently about the use of untrained teachers or teachers who are not properly qualified, that we be reassured that teachers have the necessary qualifications to teach their subject range. In the light of the unrest we have gone through in recent months, it is more important than ever that the point be reinforced by the Minister.
I support Senator O'Toole's amendment, irrespective of whether it would involve the retraining of those involved in the teaching profession. The Senator has tabled a very valuable amendment which should be inserted in the Bill.
I appreciate the importance of the point made by Senator O'Toole, but the Bill, as it stands, covers it. Section 30 provides that persons who are employed in schools as substitutes cannot be paid from funds provided by the Oireachtas for the employment of registered teachers. Eligibility for registration with the Teaching Council is outlined in section 31. Any person who before the establishment day is employed as a teacher in a recognised school and paid from moneys provided by the Oireachtas or where he or she is not employed and is eligible to be so employed will be deemed to be registered for an initial period of 12 months. Within the 12 month period existing teachers must apply to the Teaching Council to be registered and be issued with certificates of registration under procedures set down by the council.
The council may also set down procedures for the registration of persons other than those already mentioned. These regulations may set conditions for registration, which may include qualifications, teaching experience, medical fitness and evidence of character.
Section 30 provides that a school may employ as teachers, paid as such from the public purse, only persons who are registered with the Teaching Council as registered teachers. That is the main point Senator O'Toole wished to have clarified.
Untrained substitutes currently fulfil an important role in schools and those individuals will continue to be paid for this purpose out of moneys provided by the Oireachtas. However, if registration is to have a meaning and if we are serious about the promotion of quality in the teaching profession, we must move to an all trained teaching profession.
Senator O'Toole will be aware that under the PPF considerable and ongoing measures have been taken to address the difficulties in recruiting qualified teachers. For instance, between last year and this year it is projected that approximately 1,900 qualified primary teachers will graduate from the colleges of education. That represents a major increase in the number of trained graduates compared with 1995 when 291 graduated. In effect, that shortfall was addressed in a practical way by the national partners through the PPF. When they examined the situation they realised there would be further difficulties unless something was done and, consequently, there was a major investment in the teaching colleges. That major investment is continuing. Massive developments are taking place, including major capital investment, particularly in the Mary Immaculate College in Limerick and in the other training colleges. That is part of the PPF and part of what was identified by the partners when they examined the situation.
Those developments are illustrated by the fact that 291 qualified primary teachers graduated in the 1995-96 academic year and now 1,900 qualified primary teachers are graduating. The total intake of students training as primary teachers in the colleges of education in the 1999-2000 academic year has risen to 1,283, which is a significant increase from the 500 entrants in the 1996-97 academic year. In foreseeing the difficulty and dealing with it in a practical way, the Government, in partnership with the national partners, has made a major investment in that respect. That kind of development has also applied additionally to second level.
To put the existing situation in perspective, there are 20,444 permanent trained primary teachers; 1,101 temporary trained teachers filling in for teachers on a career break, maternity leave and so on; 542 temporary untrained teachers, teachers who are older and who were employed prior to the introduction of the B.Ed; 232 EU permanent teachers, who are fully qualified and succeeded in the Irish test; 208 EU temporary teachers, who are waiting to do the Irish test and, as the Senator is aware, we have allowed them a period within which to do that; 212 temporary secondary trained teachers, teachers who have the H.Dip; 36 permanent teachers with restricted recognition, some of whom are Montessori teachers teaching in recognised Montessori schools and some of whom are involved in special education; and 24 temporary teachers with restricted recognition. That brings the total number of trained teachers to 22,799.
Senator O'Toole will note from those figures that the emphasis is on trained teachers. As a result of the national partners' agreement with the Government there is substantial investment in training and in the facilities for training to greatly increase the numbers who are coming through from our training colleges. The point raised by the Senator is covered elsewhere in the Bill.
I thank the Minister for his comprehensive clarification of the number of trained teachers. He dealt with it in two ways by dealing with the number of substitutes covering for absent teachers and he is looking forward to the time when we will have fully qualified and trained teachers. I was glad to hear him say that as I am certain that within a short period the teaching profession will have taken the decision that it will no longer accept the current situation. People are treading water on this issue in recognising the shortage of teachers, but they are not prepared to put up with it much longer.
My amendment does not focus on that issue but on a longer-term one. I recognise what the Minister said. To paraphrase him, my understanding of what he said is that as the Bill stands, schools effectively employ teachers, teachers are people whose qualifications are recognised by the council and it will only recognise as teachers those people with the appropriate qualifications which have been endorsed or agreed by the Teaching Council, the majority of whose members are teachers. It is important that is on record. The Minister will be aware that many teachers and branches of the INTO have raised this issue with me. It was one of those issues that people felt might have fallen through the floorboards of time in the period between our discussion on what should be in the Bill and what is in the Bill.
The Minister's outline of the figures is helpful in the context of the overall debate. Teachers recognise qualified teachers as qualified teachers. The Minister defined teachers under the categories of EU qualified with the Irish qualification and EU qualified with temporary recognition, which I understand to mean they do not yet have the Irish qualification. In the case of temporary post-primary teachers and those with restricted qualifications, in terms of recognition by the Minister, I do not see them as restricted but rather as qualified teachers. My worry relates to the unqualified group and this issue must be addressed.
I welcome the Minister's endorsement of the fact that schools will employ only those teachers who are recognised by the Teaching Council and that the council, which will include a majority of teachers, will be the body to determine which qualifications are appropriate for recognition. In view of the Minister's assurance in that regard, I am not pressing the amendment.
I agree with Senator O'Toole's comments. I thank the Minister for his very comprehensive assessment of the procedures in relation to the role of the Teaching Council in assessing qualifications. Section 7 sets out the position very clearly, to determine the qualifications and criteria for registration and also the educational qualifications for new entrants. The council will need to be very assertive in relation to the subject area, especially for second level teaching, because the qualification can vary so much from subject to subject and in terms of the kinds of teachers that are needed in each area or subject range. The onus will be on the Teaching Council to ensure that the qualifications are appropriate, whether in art, music, PE or other areas. In the past, there were teachers with experience of dealing with a range of subjects, without necessarily having the qualifications. Reassurance is very important. I compliment the Minister on his handling of the matter.
Amendment, by leave, withdrawn.
Amendment No. 2 not moved.
Section 6 agreed to.
SECTION 7.
Amendment No. 3 is in the name of Senator Burke. Amendments No. 5 and 6 are related. Therefore, amendments Nos. 3, 5 and 6 may be discussed together by agreement.
I move amendment No. 3:
In page 8, subsection (2)(b), line 37, after “establish” to insert “following consultation with teacher unions”.
The position of the teachers' unions should be acknowledged in the Bill. I would like to hear the Minister's comments.
As General Secretary of a teachers' union, I appreciate the importance of Senator Burke's amendment and perhaps I should have discussed it with him previously. Over a period of 15 years and the work of three interdepartmental committees which contributed to the preparation of this legislation, that was the foremost issue in our minds. We got agreement from successive Ministers for Education, including Fianna Fáil, Fine Gael and Labour Party Ministers, that, unlike any other western European country in which there is a teaching council, the teacher unions will actually have a direct nomination to the council. Section 8 provides for two nominations from recognised trade unions representing teachers at primary level and there is a similar arrangement at post primary level.
This link was intended to establish an in-built, consistent and constant form of consultation. If this had not been provided for, alternative new approaches would be essential. However, there will now be six members representing the teacher unions on the council, that is, two each from the INTO, the TUI and the ASTI. They will have a significant input to the deliberations of the council and will obviously be in direct contact with their unions. While I do not by any means oppose what Senator Burke has put forward as a belt and braces job and I will be delighted if the Minister accepts that amendment, I reassure the House that the teaching profession is in there, i lár an aonaigh, as they say in Dingle, and we hope to stay there.
I believe the Bill makes adequate provision for the involvement of the teacher unions on the Teaching Council. There is a clear distinction between the role of the trade unions and the work of the new Teaching Council. I see it in terms of complementary roles, from both perspectives.
Senator O'Toole has the advantage of having been on the steering committee.
Three steering committees.
This Bill follows the exact line taken by the steering committee which, in its wisdom, felt that this was the best approach. The Bill has explicit provision for the teacher unions to have representation on the council, not to act as members of the union on the council, which I appreciate they would never do, but rather as wider representatives of the teaching profession who, through their expertise and experience, will enrich the council as a whole. I expect that the choice of nominees by the unions will reflect that by putting forward people whose broad experience will enable them to contribute substantially to the development of the profession. Furthermore, should the Teaching Council require the advice of trade unions or any other group, it can do so under section 53 of the Bill, which provides that the council may make arrangements with other persons to assist it in carrying out its work. Accordingly, I am satisfied that there is adequate provision for teacher representation on the Teaching Council, which will have an overall majority of teachers.
The teacher unions will continue to carry out their important duties in the related area of industrial relations. I consider that these amendments would upset the balance which has been established through the steering group. I hope the Senator will recognise that what he wishes to achieve is covered in the Bill in a slightly different way.
Amendment, by leave, withdrawn.
I move amendment No. 4:
In page 9, subsection (2)(d), line 2, after “registered” to insert “following the coming into effect of this Act”.
The role of the Teaching Council can only be to set out the standards and qualifications applicable to those teachers who will, in future, seek to register with the council. I do not intend that the council will be empowered to retrospectively apply new standards to the existing body of teachers. Since Committee Stage, I sought legal advice on this matter and I have been assured that the Bill, as currently worded, safeguards the rights of existing teachers. Section 31 provides for the registration of existing teachers on establishment day. Annual renewal of registration will not be subject to a review of the qualification requirements. However, the council will have a proactive role in promoting the value and importance of continued in-service training, which is an essential feature of teaching or, indeed, any other profession, allowing its members an opportunity to keep themselves in touch with new developments in the field of theory and practice. This duty, which is provided for in section 39, is most important at this time of change and development in the teaching profession.
Amendment, by leave, withdrawn.
Amendments Nos. 5 and 6 not moved.
Section 7 agreed to.
SECTION 8.
Amendments Nos. 7 and 8 are related and may be discussed together, by agreement.
I move amendment No. 7:
In page 10, subsection (2)(a), line 21, after "teachers" to insert "(2 of whom shall be nominated by the Irish Primary Principals Network)".
We are very disappointed that the Irish Primary Principals Network and the National Association of Principals and Deputy Principals are not included in the council. The members of these bodies, which meet regularly throughout the year, have gathered a wealth of knowledge on teaching, administration, sports and handling other teachers and acquired all the administration skills required nowadays for performing their duties as school principals and deputy principals. They have very difficult jobs, especially in urban schools.
These bodies discuss the great difficulties principals and deputy principals encounter in performing their duties and are, therefore, very well informed about the administration of their duties. It would be a great advantage to have someone with those skills and experience on the Teaching Council. Being at the coalface of administering education, they have a valuable contribution to make and I will press the amendment. The council is big enough to accommodate them given that most of the universities are, quite rightly, included.
I do not see the necessity for this. The Bill provides that of the 11 registered teachers employed in, or qualified to teach in, recognised primary schools, nine shall be elected to the council by registered teachers. That should adequately reflect those people working in an administrative capacity, which is only a small aspect of the whole role of teaching. It is a Teaching Council and a member of the union should be selected as a member of the union. The Senator is differentiating between principals and teachers. Collectively, however, they are all teachers so we should leave the Bill as it stands and let teachers be selected on that basis. I would like to hear the Minister's view on that point.
I am completely and utterly opposed to this amendment and will vote against it if Senator Burke puts it to a vote. The structure of this Teaching Council is a very precious and delicate flower. We had constitutional lawyers and many others sitting around the table in order to get it right. One of the main difficulties was finding a balance.
Beidh dea-thuiscint ag an Cathaoirleach ar an rud seo. Mar a chítear dúinn sna scoileanna, is foireann scoile atá idir láimhe againn, and we have a situation where the principal is the principal teacher. People should not forget that the word principal is an adjective qualifying the word teacher even though it has been assimilated into the language as a noun. The spelling indicates that it is an adjective with normal qualities, and, as such, it clearly refers to a teacher, albeit one who is the leader of the foireann scoile, the person who is primus inter pares in the school and who is first and foremost a teacher. That fact is even reflected in the payment of teachers. We had a long discussion in the mid 1990s on how principal teachers should be paid. In the UK and other countries, they have switched to a spine, which is a different scale for paying principal teachers, which, incidentally, does not mean that they are paid more. The Irish system has always held that the principal teacher is paid a teacher's salary plus a principal's allowance.
It is hugely important that we do not allow any fracturing of the teaching profession to take place. I ask the Minister not to accept this amendment because it will fracture it. Looking back at the changes in the Irish education system over the past four or five years, nowhere else in western Europe has the teaching profession, represented by the teaching unions, sat down with management, parents' representatives and the Government of the day and produced, for instance, a revised curriculum for primary education, every line and word of which was agreed, much like the Bill before us, prior to publication.
That can only happen where there is an organisation, let us say in the teaching area, that represents the views of all teachers including the principal teachers. This forces the organisation, in this case the INTO, to seek an agreement from all the disparate members within the profession and come up with a common position representing the views of the principals, the special and remedial sector, the urban and rural teacher, the island school, the large city school, the disadvantaged school, the very well-off school etc.
If I had my way, inspectors too would be members of the INTO because it would create a greater focus on moving things forward. It is precisely because there is a single organisation representing teachers that the Department of Education and Science has been able to get agreement on issues such as the curriculum and whole school evaluation, discussions on which are coming to a conclusion and on which no agreement has been possible in other places. That has required compromise from all sides.
I assure Members and the Minister that the INTO fully intends recommending and supporting for election to the Teaching Council only people who represent all areas of the profession. The current view of the INTO is that at least two of those nine people should be principal teachers. Our view is that principal teachers must be properly and fully reflected in the make-up of the body. We will consult with members who are principals to seek out and support people who will reflect the interests of principals, whether they be a teaching principal in a rural school, an administrative principal in a large urban school or whatever.
It should be remembered that approximately one seventh of the teaching force are principal teachers. I want to stress, however, that I could split up the profession in a lot of other ways, for instance, of the 22,000 referred to by the Minister, close to one seventh are principal teachers but one seventh are teachers working in special education. I could equally make the case that every group should be represented. We in the steering group examined the possibility of breaking up the teaching profession into different structures in order that each could have a representative. The reason we did not was we were of the view that whoever went in, whether from an island off the west coast, an inner city school, a principal of a large or small school, teaching in special education or a different kind of classroom, should look at the matter as a teacher, not simply as a teacher who is a principal or teaching in special education, etc. We should make sure there is a broad reflection.
I guarantee that that is the view of the central executive committee of the INTO which deals with primary level and reflects the views of my second level colleagues in the TUI and ASTI. Principal teachers will, certainly, be among either our nominated or elected members. It is our view that there should be, at least, two principal teachers on the council. That is our advice to our members and what we will try to achieve.
The amendment would actually be divisive and take from the impact principal teachers can have where they are seen as leaders. We have seen what has happened in the United Kingdom where a separate principal teachers union has been established, the National Association of Head Teachers, with which there is nothing particularly wrong, but if principals are represented in one place and classroom teachers in another, neither will have to consider the other. Everyone looks after themselves, everybody adopts a polarised position and nobody is required to compromise or make progress. That is the reason the situation, as it stands, is a better reflection of the needs of the teaching profession, its protection and advancement.
Deputy Burke appreciates the efforts which have been made to achieve a balance. The purposes he would like to see achieved will be provided for in the establishment of the Teaching Council, the proposed membership of which has been drawn from the report of the steering group after a great deal of deliberation. It sought to achieve a formula that would allow for a balance between teachers and non-teachers, the teacher education institutions, the other partners in education such as school managers and parents and also provide for the role of the public interest. In undertaking this task it relied heavily on the report of the technical working group which included noted education experts to advise it. Nevertheless, we should not understate the difficulty of the task. It is a tribute to the steering group, particularly the chair, Dr. Séamus McGuinness, that it was able to arrive at such an agreed formula. As Senator Ormonde said, its task was to find the right balance. Senator O'Toole highlighted the work that went into achieving it.
I am reluctant to revisit the proposed formula as it continues to be appropriate, although I accept that principals are a very important part of the teaching profession. Senator O' Toole mentioned the concept of primus inter pares, first among equals. One of the changes is that principals are now managers, especially in larger schools. The management side has been developed in respect of which there is a need for new inputs. Senator O'Toole made the point clearly that the professional qualification of the teacher is the teaching qualification.
I accept that principals are a very important part of the teaching profession. Their proven expertise and experience in key areas of the profession such as induction and probation make it likely that the profession as a whole will choose to ensure they are represented on the council, either by way of nomination by the teacher unions or direct election by the body of teachers. I leave the choice to the profession. It can make its own judgment as to who will represent it on the council. We are genuine in our approach and are, essentially, following the advice of the steering group.
I appreciate what the Minister and other Senators said. It is possible, however, that there will be a number of teachers on the council, none of whom may be a principal or vice-principal. I look at the matter from the point of view of an outsider not involved teaching. The Minister said that principals are now managers or administrators. School principals and managers should always come from the teaching profession. We should not bring in administrators. I hope we are not moving from that position. If an administrator was brought in, he or she would not be able to become a member of the Teaching Council. I will press the amendment because it is important that principals and vice-principals are represented on the council. Only those with teaching experience should be principals and vice-principals. They have a significant contribution to make to the council. If the Teaching Council is to be representative, principals and vice-principals should be included. This should be guaranteed.
I disagree with Senator Burke on this issue. He implies that principals are more qualified to be members of the council than teachers. The Teaching Council must represent fairly the entire body of teachers. This is listed among its functions in section 7. I am of the view that it will do so. If we make an issue of this for principals, we will make a case for other bodies allied to the teaching profession to be involved also. I accept that the role of principals is important and that they have experience, but we are talking about teachers, not principals. The Teaching Council should represent all teachers. Principals would be included because of the fact that they are qualified teachers.
I want to make it clear that I am not talking about administrative teachers coming from outside. It is the opposite. I was taking up the point made by Senator O'Toole that the principal is a teacher and a leader among teachers, primus inter pares. We must support them separately in their leadership role with the required management support. The principal is essentially a teacher and this is a Teaching Council. Twenty-two members will be registered teachers. What Senator O'Toole said is true.
Amendment put.
Tá
|
Burke, Paddy.Caffrey, Ernie.Coghlan, Paul.Connor, John.Coogan, Fintan.Cosgrave, Liam T.Doyle, Joe.Hayes, Tom. |
Jackman, Mary.Keogh, Helen.Manning, Maurice.O'Dowd, Fergus.O'Meara, Kathleen.Ross, Shane.Taylor-Quinn, Madeleine. |
Níl
|
Bohan, Eddie.Bonner, Enda.Callanan, Peter.Cassidy, Donie.Chambers, Frank.Cox, Margaret.Cregan, JohnDardis, John.Farrell, Willie.Finneran, Michael.Fitzgerald, Tom.Gibbons, Jim.Glennon, Jim. |
Henry, Mary.Kett, Tony.Leonard, Ann.Moylan, Pat.O'Donovan, Denis.O'Toole, Joe.Ó Fearghail, Seán.Ó Murchú, Labhrás.Ormonde, Ann.Quill, Máirín.Quinn, Feargal.Walsh, Jim. |
Tellers: Tá, Senators Burke and O'Dowd; Níl, Senators T. Fitzgerald and Gibbons.
Amendment declared lost.
Amendment No. 8 not moved.
Section 8 agreed to.
Sections 9 to 28, inclusive, agreed to.
SECTION 29.
I move amendment No. 9:
In page 22, subsection (6), between lines 19 and 20, to insert the following new paragraph:
"(c)any person, the subject of a request for a certified or uncertified copy of, or extract from, an entry in the register shall be notified in detail of the request by the Director.".
We are of the view that it is important to include in the section this amendment on which I would like to hear the Minister's comments.
The Senator has raised an important point on which I sought clarification from the legal advisers. The purpose of the register is, on the one hand, to serve as a clear indicator by the profession for the public of the membership of the profession and their qualifications to teach to high and consistent standards. On the other, members of the profession are entitled to some privacy in respect of certain details on the register. For example, it may be important for the council to know the date of birth of a teacher, but not for such a fact to be made public knowledge. My legal advice is that this question is, essentially, one for the council and addressed in section 29(6)(a). As the guarantor of the standards of the profession, it is its duty to provide sufficient information to the public to make that guarantee meaningful. At the same time it has a responsibility to protect purely personal information pertaining to teachers.
I appreciate the point being made by the Minister and if he can give a guarantee that the issue will be addressed by the Teaching Council, I will not press the amendment.
Amendment, by leave, withdrawn.
Section 29 agreed to.
Section 30 agreed to.
SECTION 31.
I move amendment No. 10:
In page 22, subsection (2)(a), line 32, to delete “as a teacher” and substitute “in a teaching capacity”.
I would like to hear the Minister's comments on this amendment.
The Bill provides a specific mechanism for the registration of teachers and the subsequent conditions which schools must adhere to for the employment of teachers. This is predicated on the clear definition of teachers as set out in section 2 of the Bill. The council will assume responsibility for any changes to the definition of what constitutes a teacher. The use of "in a teaching capacity" will create a great deal of uncertainty in this context. If it is intended to have the same effect as the present formulation, I prefer to retain the existing phrasing. If the amendment is intended to capture a further category of persons not covered at present, I would not consider it appropriate that this should be done here. The council will have the responsibility for the further extension of the qualifications of what constitutes a teacher. Indeed, this specific point was addressed by the report of the steering committee, which noted that the Teaching Council might consider providing for the membership of lecturers in colleges of education, departmental inspectors, teachers in the early childhood sector and other appropriate groups. I consider that this would be the appropriate means for any such extension, and this was the view taken by the steering committee.
If the Minister says that the Teaching Council will decide on a definition of a teacher, the phrase "in a teaching capacity", which is in the amendment, would not then have to be used.
The definition of teacher is set out and clarified in section 2. The Senator need not have any fear in that regard. Any extensions of the definition of teacher within the provisions of section 2 would be a matter for the Teaching Council.
Amendment, by leave, withdrawn.
Section 31 agreed to.
Section 32 agreed to.
SECTION 33.
I move amendment No. 11:
In page 24, subsection (2), lines 44 and 45, to delete "may apply for renewal of" and substitute "shall be deemed to have renewed".
I wish to hear the Minister's views on the amendment.
Following Committee Stage in the other House, I sought advice from my legal advisers on this amendment and they have assured me that the Bill as currently worded would not preclude the council from deciding to proceed with some form of automatic renewal. However, it is the responsibility of each member of a professional body to ensure that their mem bership is renewed annually and that any changes in their professional circumstances will be notified to the council. I appreciate the Senator's intention to try to remove any unnecessary bureaucracy for teachers in the largely automatic process of renewal.
In view of the legal advice given to the Minister, I withdraw the amendment.
Amendment, by leave, withdrawn.
Section 33 agreed to.
Sections 34 to 40, inclusive, agreed to.
SECTION 41.
I move amendment No. 12:
In page 27, paragraph (b), line 23, to delete “or otherwise”.
I wish to hear the Minister's views on the amendment.
This section is an important bedrock for the council, ensuring the maintenance of high quality standards in the teaching profession. The particular nature of the profession, where teachers continually occupy a position in loco parentis and to an extent act as a form of moral standard for the pupils in their care, makes it imperative that where a teacher substantially and consistently departs from such a standard, the council would be in a position to investigate and take appropriate steps. The example of a teacher convicted of a serious criminal offence, such as a drugs-related offence, with no direct relationship to his or her teaching position but which carries with it implications for that teacher's care of pupils is an obvious example.
Senator Burke's amendment would remove this aspect of the council's role and I do not think it would be appropriate to do so. I therefore cannot accept the amendment. The Senator will understand that there are circumstances in which the council would need to be able to exercise this role.
Does the Minister not agree that leaving the word "otherwise" in the Bill would lead to ambiguity? I can appreciate what the Minister says in relation to something that may happen outside the teaching life of a teacher which would be covered by this section, but I am worried that there may be an ambiguous interpretation in the future.
Section 41 states: "engaging in any improper conduct in his or her professional capacity or otherwise". I think that broadens the provision and that is no harm. It ensures that all aspects are covered. I would like to hear the Minister's views.
It provides for self-regulation, the same as is provided in the Medical Council or the Nurses Council. It provides that the standards which the profession wishes to adhere to, within the parameters of the legislation, are left to the profession. I have given examples of what can happen. Serious criminal offences such as drug-related offences or paedophile offences are offences which the profession would be obliged to consider in deciding whether the offender was a suitable person to act as a teacher.
I withdraw the amendment.
Amendment, by leave, withdrawn.
Section 41 agreed to.
SECTION 42.
I move amendment No. 13:
In page 27, subsection (1)(a), lines 31 and 32, to delete “, or any regulations, rules or orders made under those Acts”.
I wish to hear the Minister's views on the amendment.
Paragraph (a) lists some of the grounds for initiating a fitness to teach inquiry. These are failure to comply with, or contravention of, any provision of this Act, the Education Act, 1998, the Education (Welfare) Act, 2000, the Vocational Education Acts, 1930 to 1999, or any regulations, rules or orders made under those Acts. Some would argue that this section is too all-encompassing and could give rise to fears that complaints may be made against teachers for minor infringements. I believe that there are enough safeguards within section 42(3)(b) to ensure that minor or isolated infringements will not be used to instigate investigations.
All applications will be examined by the director of the Teaching Council before any investigation is initiated. The director may refuse an application should he or she decide that the application is frivolous, vexatious, made in bad faith or an abuse of process. I remind the Senator that all the Acts mentioned in this subsection were passed by the Oireachtas. They are a protection for parents and their children and ensure that they have clear grounds in the future to base any complaints against a minority of unsuitable teachers. All the Acts mentioned in this subsection allow for the making of regulations and orders. These regulations and orders are the means by which these Acts are put into operation. To accept this amendment would negate the whole purpose of this subsection.
The Minister assures us that there are sufficient elements within the Bill to cover investigations which might take place. In view of his assurances regarding the interests of parents, I will withdraw the amendment.
I congratulate the Minister. He understands how legislation governing education, educational welfare and vocational education committees must be encompassed. The question of a teacher's fitness to teach was discussed on Second Stage. Many teachers are concerned about this question. The Bill allows the Teaching Council to examine a teacher's fitness to teach. However, one needs to take account of changes in society and the discipline problems which exist in many schools. Some teachers may not be able to teach in particularly difficult circumstances and the Teaching Council must examine and assess a teacher's fitness to teach on that basis. This was not made clear on Second Stage.
The Minister has replied to this amendment very comprehensively. However, the concept of fitness to teach is a very broad one. In a certain type of school it could become almost impossible to teach. In such circumstances a teacher could be seen by parents or by the public as being unfit to teach. To protect the profession the Teaching Council must consider this question.
The council may request the investigating committee to inquire into the fitness to teach of a registered teacher on grounds of failure to comply with provisions of existing education legislation. It is appropriate that the investigating committee, the majority of whose members are teachers, does that. The alternative is that the Department does so. We are giving these rights to the Teaching Council and putting safeguards and protections in place. These provisions already exist in legislation. We have the choice of including these provisions in the remit of the council or leaving the council without them. We are placing our faith in the council as a self-regulating body and giving it these powers.
An association representing school principals is to be established. The fitness of a principal to manage a school must also be questioned. The poor management of a school might cause discipline problems which would lead, in turn, to accusations of unfitness to teach. There are principals who cannot administer properly. Poor administration can lead to unrest within schools and create the problem of unfitness to teach. Responsibility of the Teaching Council should be extended to ensure that a climate is created in every school which allows teachers to teach effectively and avoids ambiguity regarding the question of fitness to teach.
There are areas of special disadvantage and schools which have particular discipline problems. The Teaching Council will be well able to recognise those difficulties. The council is being given power to regulate itself and I am confident it will be wise in that regard.
Amendment, by leave, withdrawn.
I move amendment No. 14:
In page 27, subsection (1) (d), line 36, after “teach” to insert “and is so certified by a reputable and recognised medical authority”.
The question of fitness to teach is an important and sensitive one. In all workplaces problems arise because of domestic difficulties, alcohol abuse and so forth. Some recognised authority, whether medical or otherwise, should have an input into the decision regarding a teacher's fitness to teach. A teacher's livelihood could be put at risk by such an inquiry. This is an important and sensitive area. I look forward to hearing the Minister's views.
It is the responsibility of the Teaching Council's investigating committee to adjudicate on the medical fitness to teach of any registered teacher. That assessment must be made by competent people. It has been my experience that in such circumstances every possible attempt is made to ensure that a proper assessment is made and proper medical advice sought. Repeated appeals are usually made to the person concerned, often over a long period. It will be the responsibility of the investigating committee to make these judgments.
Section 42(8) allows the investigating committee to request any expert advice or assistance it considers appropriate. It may make regulations which provide for submissions of medical evidence and attendance at medical examinations. It will be the responsibility of the Teaching Council to ensure it receives the best medical advice possible. I am fully confident that it will do so. Therefore, I do not consider this amendment necessary.
Amendment, by leave, withdrawn.
I move amendment No. 15:
In page 28, subsection (5) (b)(ii), lines 31 to 33, to delete all words from and including “save” in line 31 down to and including “fact,” in line 33.
In the vast majority of cases the Teaching Council would not consider an application or an appeal until all the local procedures had been completed. However, I must ensure that in the rare case where the local procedures have taken an unacceptable amount of time or where there is an issue of public interest the council must be allowed to proceed. I would not expect that this provision would be used, except in very exceptional circumstances where either the board of management of the school or the vocational education committee was not in a position to complete its procedures or could not otherwise guarantee the safety or well-being of pupils. In these circumstances the council must be able to intervene.
There would be some cases when the council would have to intervene, but I pre sume this would be used as a stick. I hope it would be used to a limited degree.
Amendment, by leave, withdrawn.
Section 42 agreed to.
Section 43 agreed to.
SECTION 44.
I move amendment No. 16:
In page 30, subsection (1), line 8, after "Where" to insert ", having afforded the registered teacher and his or her representatives an opportunity to make oral or written submissions,".
I accept the spirit of the Senator's amendment. I agree that it is a principle of natural justice that an individual be represented by his or her trade union representative, if they so wish. The advice of legal counsel is that it will be the responsibility of the council to ensure that provision for representation is made in their rules of procedure. This would be more appropriate with regard to "fitness to teach" hearings as it is not desirable to have that level of detail in primary legislation.
The Minister has said that according to legal advice it would be the responsibility of the council to put this important issue in place. We would not want any miscarriages of justices. I am sure the council will take this into consideration when putting the regulations in place.
Amendment, by leave, withdrawn.
Amendments Nos. 17 and 18 are related and by agreement will be taken together.
I move amendment No. 17:
In page 30, subsection (1), between lines 32 and 33, to insert the following new paragraph:
"(d) That the registered teacher shall be censured.".
Section 44 (c)(iv) already allows the committee general discretion to apply such sanctions as it sees fit. This might include a statement of censure where the committee sees fit. Amendment No. 17 is therefore unnecessary.
With regard to amendment No. 18, it is the function of the disciplinary committee to decide what level of sanction should be applied in any individual case. It is not appropriate that the legislation should seek to provide further rules on this issue. It must be the responsibility of the disciplinary committee to judge each case on its merits and to apply appropriate sanctions. The amendments are not necessary.
I agree with the Minister. We are giving considerable power to the Teaching Council in relation to disciplinary action, etc. I hope it takes the spirit of these amendments into account. It has a broad brief and will require a significant amount of legal advice when setting up its regulations.
I am pleased that the disciplinary committee is highlighted in the Bill. Senator Burke is correct in his assumption that a range of expertise will be required in relation to the censure of teachers. I am confident that the composition of the disciplinary committee will enable it to deal with this problem.
Amendment, by leave, withdrawn.
Amendment No. 18 not moved.
I move amendment No. 19:
In page 31, subsection (3)(c), line 12, after "Committee" to insert "within the list of sanctions set down in paragraphs (b), (c) and (d) of section 44(1)".
It is not necessary to make this amendment. The only amendment that the High Court could take in such a case would have to be in the context of the existing powers of sanction of the disciplinary committee. I have been assured by legal advisers that the Bill as currently worded provides for this.
Amendment, by leave, withdrawn.
Section 44 agreed to.
Sections 45 to 53, inclusive, agreed to.
SECTION 54.
I move amendment No. 20:
In page 34, line 8, after "Council" to insert ", recognised teacher unions".
The Minister is entitled to confer on the council any additional functions or modify existing functions of the council as he sees fit. As a Government Minister I have a responsibility to ensure that the working of the council continues to develop. This section provides for the Minister to consult with the council prior to making any changes to its function. The views of the council will be addressed at that point.
The teaching unions have representation on the council not to act as union members on the board of the council, but as wider representatives of the teaching profession, who through their expertise and experience will enrich the council as a whole.
The Teaching Council will be concerned with the qualitative and professional aspect of education, such as teacher training and in-career development. Teaching unions will continue to negotiate on conditions of service, salaries and pensions. In this instance it would not be considered necessary to consult with the teacher unions.
The Education Act, 1998, puts an onus on the Minister to consult where practicable on issues where the interests of the council and trade unions overlap.
I appreciate the distinction drawn by the Minister between the Teaching Council and the role and responsibility of the trade unions. I believe that the unions should be included in this section of the Bill. We have seen recently the role that unions are playing in the teaching profession.
I welcome the decision of the Minister. I spoke on this matter on Second Stage. The current section is adequate, because of the union representation on the Teaching Council and the consultation between the council and the Minister.
Amendment, by leave, withdrawn.
Section 54 agreed to.
Sections No. 55 to 62, inclusive, agreed to.
Schedules 1 and 2 agreed to.
SCHEDULE 3.
I move amendment No. 21:
In page 42, line 17, after "Minister" to insert "following consultation with the relevant trade unions".
Teacher unions already have representation on the council. This expertise and experience will enrich the council as a whole and, in particular, in areas such as this where the council is preparing rules and procedures. The preparation of these rules is primarily a matter for the council and in order that it be allowed proceed as independently as possible I do not propose to require it to consult further on these rules.
Amendment, by leave, withdrawn.
Schedule 3 agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."
I thank Senators for their co-operation in getting this Bill passed. I am sure it will be greatly appreciated by the 45,000 teachers throughout the country because it provides, for the first time, for a full independent professional body, a Teaching Council, which will consider the professional development of teachers. That they have their own body will give them independent status in having their work recognised on a professional basis. I thank the steering committee and the technical group which put in so much work in advance. It is an important day for them to see all their work recognised and brought to a conclusion in this Bill. I thank Senators for their consideration of the Bill and the urgency with which they dealt with it.
I thank the Minister and his staff and those who made submissions with a view to bringing this new concept into the teaching profession. Given the period of unrest in recent weeks, the new Teaching Council will renew confidence, boost morale and enhance the teaching profession. I am pleased to have contributed to this Bill and I compliment the Minister and his staff for taking on board the concerns expressed during the various Stages of the Bill. It is good legislation which will be acknowledged and recognised by the teaching profession at large.
I compliment the Minister on bringing this Bill to fruition, although it has taken some considerable time to get it to this stage. I pay tribute to the Minister and his staff on the tremendous work they have put into it. There was widespread consultation on this Bill. It is a good Bill and will enhance the overall educational standards that will be set throughout the country.
Question put and agreed to.