asked the Minister for Education the procedures governing the dismissal of teachers in each sector of education for inefficiency or incompetence.
Written Answers. - Dismissal Procedures.
287.
I—National Schools
The position with regard to teachers in national schools is covered by Rule 106 of the Rules for National Schools, which reads as follows:
Teachers whose School Work has been Estimated as "Not Satisfactory".
106. (1) Teachers whose school work does not reach a satisfactory standard may have recognition withdrawn from them or be dealt with otherwise as the Minister may determine.
(2) Recognition is not withdrawn from a teacher under this rule before he has had ample opportunity of remedying the defects in his teaching.
(3) Recognition is not withdrawn from a teacher under this rule on the reports of one inspector only; before recognition is finally withdrawn his work in all the standards for which he is responsible is inspected by the Divisional Inspector or by one of the Deputy Chief Inspectors or by the Chief Inspector.
(4) Should it appear necessary to withdraw recognition from a teacher under this rule a formal statement of the grounds on which it is proposed to take such action is furnished direct to the teacher. Any representations or explanations which he may submit in his own behalf are carefully considered by the Minister before final action is taken.
II—Second-Level Schools
Staff appointments and dismissals are essentially matters for the management authorities of secondary, community, comprehensive and vocational schools and colleges.
1. Secondary Schools
Rule 12 (1) of the Rules for the Payment of Incremental Salary to Secondary Teachers provides that "A recognised teacher may be requested by the Minister to retire at any time on the grounds of inefficiency and such teacher shall be deemed to have retired on the date named therefor in such request, unless he has retired beforehand".
2. Community and Comprehensive Schools
There are no approved procedures governing the dismissal of Teachers from Community and Comprehensive Schools for inefficiency or incompetence.
3. Vocational Schools and Colleges
Departmental procedures in connection with adverse reports on teachers employed by vocational education committees are set out in my Department's Circular Letter No. 43/85. Section 23 (4) of the Vocational Education Act, 1930, includes provision for the removal of any officer by a vocational education committee with the approval of the Minister for Education. Section 8 (3) of the Vocational Education (Amendment) Act, 1944, empowers the Minister for Education, on certain conditions, to remove an office holder from office by order.
I am arranging to have copies of the relevant regulations made available to the Oireachtas Library.
III—University and other Third-Level Colleges
The Universities are autonomous bodies and the procedures for dismissal of staff would be a matter for the authorities of the individual institutions.
The legislation establishing the National Institutes for Higher Education and Thomond College provides that staff may not be removed from office without the consent of the Minister. The procedure to be adopted in such cases would be a matter for the Governing Body of the institution subject to the conditions of service of the staff as well as legislation relating to unfair dismissal.