Deputy Lalor gave me notice of his intention to raise on the Adjournment the matter of a school strike in Portlaoise vocational school. In accordance with Standing Orders, the Dáil must adjourn not later than 9 p.m. By agreement, Deputy Lalor may speak for ten minutes and the Minister for five minutes.
Adjournment Debate. - Portlaoise Vocational School Strike.
I asked the Chair this morning to give me permission to raise on the Adjournment the question of the pupils strike which is at present taking place in the vocational school in Portlaoise and if the Minister for Education would take steps to intervene with a view to settling it. I thank you, a Cheann Comhairle, for granting me that facility.
This strike, which commenced yesterday morning, was brought about because the Laois Vocational Education Committee on Monday last, 7th March, decided to advertise again for a headmaster in the Portlaoise Vocational School. This was in replacement of an advertisement placed three years ago next month by the same committee. With the possible exception of one or two, all the pupils have refused to attend school since that decision was taken. I am also informed that today these pupils were joined outside the school by many parents. Because of the serious implications for these students, almost half of whom will be doing intermediate, leaving and commercial examinations in three months time, I am appealing to the Minister to intervene forthwith to resolve this problem.
This strike arises from a court action, which, in turn, arose from the intransigence of the majority of the members of the Laois Vocational Committee over the past three years. Yesterday the Minister took issue with me describing them as a maverick committee and countered by saying that it was properly appointed under the Vocational Education Act. I agree, but I will ask this question: have this committee performed the statutory duty for which they were set up? Justice McWilliam says they have not. That being so, the only thing left for the Minister to do is to dissolve the committee. He has power to do this and his predecessor threatened to do it.
I know the Minister is new to the Department but over the last few days he must have had an opportunity to study the file on this and he must be aware of the background to the problem in Portlaoise. I raised this question with Deputy Burke, then Minister for Education, on the 18th July, 1974. I indicated that the Laois Vocational Committee were not going to be bound by memorandum V.7 when making their recommendation. At that stage, almost three years ago, the then Minister said he had told the Laois committee he would not sanction their improper nomination. Since then they have been fighting to try to get their improper nomination accepted by hook or by crook.
On the 15th November, 1974, I raised the matter again. In the meantime the majority of the committee had been thumbing their noses at the Minister. He sent out a directive to the committee on the 18th September, 1974, and they treated it with contempt. The Minister wrote to the chairman, then Deputy O. J. Flanagan, on the 4th October, 1974, appealing to him to obey the rules. On the 15th October he had a reply from Deputy Flanagan telling him to go to blazes. The patient Minister got his secretary to write again to Chairman O. J. on the 23rd October, 1974, and threatened that he had no alternative but seriously to consider invoking the relevant powers conferred on him by the Vocational Education Acts.
Chairman O. J's reply at that stage was again contemptuous with the result that the Minister finally wrote on the 5th November, 1974, spelling out that the committee's responsibility was to nominate Mr. William Phelan for approval by the Minister, as Mr. Phelan was fully qualified. It might be well to quote from the then Minister's statement on the adjournment debate on the 11th February, 1975. At columns 167-168 of the Official Report the Minister said:
No further progress has been made in the matter despite further correspondence between my Department and the committee. The central point at issue, which was conveyed by my Department to the VEC in a letter dated 5th December, 1974, is that notwithstanding the availability of the candidate who fulfils the requirements for the post of principal in accordance with the committee's own advertisement and in accordance with the relevant terms of the Department's Memorandum V.7, the VEC have persisted in proposing that the post be filled in some form or another by a candidate who does not comply with the requirement applicable to Portlaoise Vocational School that the person appointed should have not less than five years whole-time teaching experience. It has been stated unequivocably to the committee in that letter that while there is a candidate available who satisfies the conditions for appointment as principal in accordance with normal procedures, I, as Minister for Education, will not sanction the filling of the post on any other basis.
That was spelled out clearly and categorically by the then Minister. I am asking the present Minister to stand over his predecessor's promise in this regard.
I have already referred to a parliamentary question which was answered by the Minister on the 15th November, 1974. At that time he had not had an official reply from the chairman or the CEO. On that occasion the Minister gave the House an idea of his thinking when he said "I intend taking steps in the near future to remedy the situation once and for all". At column 1577 on the 15th November, 1974, the Minister invited me to wait and see. I told him that they were still playing ducks and drakes with him. On 11th February, 1975, the Ceann Comhairle gave me permission to raise the matter on the adjournment. I outlined the history until then and was strong in my condemnation of the conduct of the majority of the committee. In his reply to my remarks the Minister stated: "The Deputy has given a fairly accurate version of what has happened."
That is as fair as the Minister could have been. We both agreed on the necessity of having something done about that committee. At this stage the committee sought legal advice on their position with a view to continuing to challenge the Minister and finally, in sheer frustration, William Phelan, the man who should have been appointed, took action against the committee and, as I see it, he won the case hands down. I am afraid the Minister was wrongly briefed yesterday when he said that Mr. Phelan's right was not upheld by the court in question. The Minister should study this matter further. The committee are still obstreperous. I submit that the Minister should forthwith dissolve the Laois Vocational Education Committee and appoint William Whelan as principal. This appointment is urgent for the sake of the pupils.
I met officers of the student body on Saturday last and I learned from them of their anger and frustration at their treatment over the past three years. Discipline in the school has gone to blazes. I was very impressed by those young people. They asked me to convey their opinions to the Minister and ask him to study the examination results in their school in 1976 so that he can get the full picture of the way in which they are being improperly and ineffectively educated. Those boys and girls—seven of them representing the student group—spoke to me about strike if last Monday's meeting did not appoint Mr. Phelan. They support him because he is a respected figure in Portlaoise. He is a leader and an organiser and a dedicated disciplinarian. As a responsible local leader I instructed those students —I did not ask or implore them—not to go on strike, irrespective of what happened last Monday. I told them that nothing would be achieved for them by taking this strike action. I appealed to them not to move in this way. I told them I would fight the battle for them, and I was disappointed yesterday to learn that they had struck.
The Minister has the solution to this. Let him do what his predecessor wanted to do two years ago and let him not be misguided by the Minister for Defence. On Monday night I was given a copy of a petition which was drawn up and signed by over 2,000 residents in Portlaoise between Friday last and 4.30 p.m. on Monday appealing to the committee to appoint Mr. Phelan.
The Deputy's time is up.
I have no intention of going back over the history of this sorry affair which, as the Deputy said, has been going on now for nearly three years. It came to a head when the case taken by Mr. Phelan was heard in court in mid-February.
Mr. Phelan claimed:
(a) A Mandatory Injunction directing the first-named Defendants (the Co. Laois V.E.C.) that they shall take all necessary steps to appoint the Plaintiff (Mr. Phelan) to the position of Principal of the Portlaoise Vocational School and submit his nomination and appointment for the sanction and approval of the Minister for Education, and if sanctioned and approved, that they shall appoint him to the said position.
In relation to that claim alone Mr. Justice McWilliam in his judgment delivered on 28th February, 1977, stated:
On the other hand, the Plaintiff was not appointed by the Committee and, whatever may be the view of the Department or the Minister about the recommendations of the selection board, my attention has not been directed to any provision in the Vocational Educational Acts, 1930 to 1962, which requires the Committee to appoint the Plaintiff under the circumstances which have arisen. Therefore I will refuse paragraph (a) of the Plaintiff's claim.
At this stage it would not be fair to any of the persons involved if I were to make any statement here without seeking legal advice in this case as to the consequences of any action that may be taken by the committee. As Deputy Lalor has said, the committee did meet on Monday last and they decided to advertise the post. Since then my Department have got in touch with the CEO in question and instructed him not to advertise the post. I want to be sure that any action which the committee take conforms with the judgment handed down by Mr. Justice McWilliam. The judgment in its certified form will not be available for some weeks yet. It was reported in the newspapers and I have a typescript here of what was stated in court, but the actual certified document will not be available for some time yet. When that comes to hand I intend to discuss with the Attorney General whether the action they propose is in conformity with the judgment handed down by Mr. Justice McWilliam. At the moment neither Mr. Parsons who was the principal or "acting principal" occupies neither of these positions, but neither did Mr. Justice McWilliam say that Mr. Phelan occupies the position, as was claimed by Deputy Lalor both yesterday and today. Mr. Justice McWilliam did say that steps should be taken forthwith to fill the position. I want to find out exactly what action is proposed and then to discuss with the Attorney General whether the action proposed is in line with Mr. Justice McWilliam's judgment. Therefore it will be some weeks yet before any action is taken to fill this post.
I understand that the students of the school were on strike yesterday and today in support of Mr. Phelan. Those students are not advancing Mr. Phelan's case. Because of the reasons I have stated, no action is being taken until the legal formalities have been gone through and the students should return to school. I was glad to hear Deputy Lalor say that he appealed to them to go back to school.
I join now in that appeal.
I think the Deputy will be glad to hear also that I understand that a circular signed by all the teachers in the school will be sent to all the parents of the pupils asking them to ensure that their children go back to school. The pupils involved would be very wise to take that advice in their own interests.
The Minister would be very wise to see that the man entitled to the job gets the job.
The committee were asked to withdraw the advertisement. They are meeting again on Friday next. Is this at the Minister's request?
It may be as a consequence of what was recommended by my Department but not at my request.
The Dáil adjourned at 9 p.m. until 10.30 a.m. on Thursday, 10th March, 1977.