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State Examinations Issues

Dáil Éireann Debate, Wednesday - 13 March 2013

Wednesday, 13 March 2013

Questions (82)

Luke 'Ming' Flanagan

Question:

82. Deputy Luke 'Ming' Flanagan asked the Minister for Education and Skills the reason, in the case of the Superintending of State Examinations, applicants for these posts, having to do with the care of children and other vulnerable young persons, are not being allowed to go through the direct Garda vetting system in order to conform to the Childrens Act 2012, but instead are being compelled to register, at quite a cost to themselves, with the Teaching Council of Ireland; his views on whether this requirement, called Condition 4 in the application form for Superintendents, is found to be costly and oppressive and discriminates against retired teachers; and if he will make a statement on the matter. [13370/13]

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Written answers

The State Examinations Commission has statutory responsibility for operational matters relating to the certificate examinations including determining procedures in places where examinations are conducted including the supervision of examinations.

Retired teachers may apply for the position of superintendent and be appointed in accordance with the terms of the Employment Equality Act, 1998, which prohibits discrimination in employment on a number of grounds, including age. For the 2012 examinations the SEC appointed a total of 4786 superintendents of whom 1311 were retired teachers. To be eligible for appointment applicants must satisfy all of the terms and conditions for appointment set out by the SEC. For the 2013 examinations, this also includes a requirement to be registered on the Register of Teachers maintained by the Teaching Council of Ireland.

The cost of a person registering a new application with Teaching Council is €95 and for persons renewing their registration the cost is €65.

The requirement to be a registered teacher with the Teaching Council arises from the recent passing of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 which was signed into law on the 26th December 2012. The Act obliges employers to only employ people who have been vetted by the National Vetting Bureau of An Garda Síochaná to work with children and young people. Under the terms of Part 3, Section 12.4 of the Act, this obligation is regarded as being satisfied in the case of the State certificate examinations if the person so employed is a registered teacher. In order for SEC to be in a position to complete the appointment and assignment of superintendents nationwide in advance of the commencement of the written examinations in June the SEC requires that it receives confirmation of registration with the Teaching Council by the end of March 2013.

Applicants for superintending at the 2013 examinations could apply without being registered and have until the 31st March 2013 to complete the registration process. Applicants not on the Register of Teachers as at 31st March 2013 will not be deemed suitable for appointment as superintendent at the 2013 examinations.

The requirement to register has been introduced so that the SEC, as an employer of persons working with children and young people at the certificate examinations, can comply with its legislative obligations.

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