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Dáil Éireann Debate, Wednesday - 9 April 2014

Wednesday, 9 April 2014

Questions (40)

Clare Daly

Question:

40. Deputy Clare Daly asked the Minister for Education and Skills in view of his proclaimed commitment to a pluralist education system, the reason he allowed Roman Catholic Canon Law to override democratic principles in the case of the constructive dismissal of the school principal at a school (details supplied) in County Limerick. [16412/14]

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Written answers

Teachers, in accordance with the Education Act 1998, are employed by the school management authority of each individual school. Schools nominate eligible teachers for the payment of incremental salary grant and withdraw nominations on the departure of a teacher for whatever reason. My Department does not require that the school, when withdrawing a nomination, indicate the reason for that withdrawal. Section 24(3) of the Education Act, 1998 provided for the suspension and dismissal of teachers. Agreed procedures under this section were implemented with effect from September 2009. The Maynooth Statute provided that "a clerical manager shall not dismiss a teacher or assistant, male or female, or give notice of dismissal, until the Bishop be notified, so that the teacher if she/he will, may be heard in her/his own defence by the Bishop". The Bishops agreed to abrogate the Statute (Section 264 Section 2) at a general meeting in December 2010 and this was approved by the Congregation for Catholic Education on the 29th March, 2011 with effect from September, 2011.

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