Dáil Éireann díospóireacht -
Thursday, 5 May 1994

Vol. 442 No. 4

Written Answers. - Redeployment of Teachers.

Robert Molloy

Ceist:

103 Mr. Molloy asked the Minister for Education when she will respond to a person (details supplied) in County Galway with regard to the supplementary panel for redeployment of teachers in Catholic secondary schools under religious or clerical management which has been raised in his correspondence.

Minister for Education (Ms Bhreathnach)

The issue in question relates to the operation of a redeployment scheme for lay teachers in Catholic secondary schools under religious-clerical management and in particular to the supplementary panel for temporary teachers associated with the scheme.

I am not aware of a direct inquiry by the person concerned. However, representations have been made on his behalf. It has been represented that the operation of the supplementary panel contravenes Article 44 of the Constitution and Article 14 of the European Convention on Human Rights.

Rules for the payment of incremental salary, made under the Intermediate Education Act, 1914 by the Minister for Education with the consent of the Minister for Finance, set out the basis for the payment of incremental salary grant to a quota of recognised teachers in a secondary school that is recognised by the Minister. The Department, at a particular stage each year and on the basis of information available at the time regarding pupil enrolment, advises the managerial authorities of secondary schools as to their authorised incremental salary.

As a condition of recognition from the Minister, the management authority must provide a programme of instruction as laid down in the Rules and Programme for Secondary Schools. The management authority may employ such numbers of teachers as it deems necessary to provide an adequate teaching staff to impart efficient instruction in the subjects of the curriculum prescribed in these rules. The management authority may, if it so wishes, employ teachers in addition to its authorised quota at its own expense.

To ensure continuity of employment for lay teachers in Catholic secondary schools under religious-clerical management, a redeployment scheme was agreed between the religious and clerical authorities of those schools and the Association of Secondary Teachers, Ireland. This scheme, which was introduced in 1988, provides for the filling by the school authority, through a process facilitated by an independent administrator, of vacancies arising in the authorised quota through: (a) the redeployment of permanent wholetime teachers whose posts would be in excess of the authorised quota for their schools or who made voluntary application for redeployment; (b) the appointment of eligible temporary teachers. Eligible temporary teachers are temporary teachers who have taught for a minimum of 18 hours per week for at least two years in schools which are participating in the scheme. Teaching service in a school which is not participating in the redeployment scheme is not reckoned for supplementary panel purposes.

Vacancies remaining unfilled following the redeployment process are filled by the school authority.

The management authority of a secondary school, which is a private institution, is the employer of teachers in that school.

Consequently, the questions raised in relation to the operation of the supplementary panel are essentially matters for the parties to the redeployment scheme, i.e. the managerial authorities of Catholic secondary schools under religious-clerical management and the Association of Secondary Teachers, Ireland.