I will wait for the Minister for Education to come into the House.
Adjournment Debate. - Suspension of Teacher.
I will reply to the Deputy's question.
When I was on the other side of the House I expressed concern at the manner in which Adjournment debates were treated by Cabinet Ministers. I regret having to reiterate that concern from this side of the House. I am now giving notice of my intention to raise the matter at the Committee on Procedure and Privileges. Members who raise matters of some import with Cabinet Ministers on the Adjournment should at least be afforded the courtesy of a communication from the Minister concerned to the effect that he or she will not be present to reply to the debate. The Minister's absence today is a grave disservice to the House, particularly as advance warning was not given. I accept it is often difficult, and sometimes impossible, for Ministers to come into the House for important debates, but the common courtesy of informing the Deputies concerned would not be asking too much.
I want the Minister for Education to lay the full unvarnished facts of this serious and delicate matter before the House this afternoon. There is grave public concern in my constituency, in County Offaly and in education circles about the facts of this case. I want to know when a formal inquiry was initiated in the Department of Education on the suspension of a teacher, particulars of which I forwarded to the Minister. How long did the inquiry take? When was it completed and what were its consequences as far as the Department and, in particular, the Minister are concerned? When was the inquiry presented to the Minister? Did the Minister for Education see the report at any time, and if not, why? If she did, what action did she take?
I raised the matter by way of Parliamentary Question on 7 February 1995 as reported at column 1452, Question No. 142, of the Official Report and the Minister informed me that difficulties contributed to the delay in completing the report. What difficulties? I want the report of the chief inspector of the Department of Education on the nature of this matter published. I understand the High Court recorded certain settlement terms in December 1994 and I want to know the consequences of those terms on County Offaly vocational education committee and the public purse generally. Will the vocational education committee be charged with financial responsibility and burdened with a monetary outlay as a result and, if so, how much? Will public moneys be expended in having the matters resolved?
It has been suggested that a sum equivalent to five year's salary must be paid by the appropriate institution to a teacher suspended from duty as a result of certain misdemeanours that were not disputed. There was no question of the liability being challenged as far as the misdemeanour or misbehaviour was concerned. Is this teacher about to resume work in an environment that can at best be described as hostile? What is his present status? Is he to resume work and, if so, at what school and under what terms and conditions? Does the Minister accept that the serious concern of parents, children and teachers is palpable in regard to this matter? What effect has the settlement terms had on County Offaly vocational education committee? What role has the Minister in all those matters?
I had to raise the matter in this way because of a lack of information, which I sought from the Department of Education. I regret having to come here and seek a debate on it, but I have no other channel available to me. It is regrettable the Minister for Education is not present to reply.
The teacher referred to by the Deputy was suspended by County Offaly Vocational Education Committee on 29 February 1988 under the provisions of section 7 (1) of the Vocational Education (Amendment) Act, 1944.
Section 7 (1) of the Act provides that "Whenever in respect of the holder of an office under a vocational education committee there is, in the opinion of such committee or of the Minister, reason to believe that such holder has failed to perform satisfactorily the duties of such office or has misconducted himself in relation to such office or is otherwise unfit to hold such office, such committee or the Minister (as the case may be) may suspend such holder from the performance of the duties of such office while such alleged failure, misconduct, or unfitness is being inquired into and the disciplinary action (if any) to be taken in regard thereto is being determined and such inquiry shall be held as soon as conveniently may be after the date of the suspension".
Inquiries into the suspension of the teacher referred to by the Deputy were conducted and completed by a senior inspector of the Department. A number of factors contributed to the delay in arriving at a decision in this case. It was decided to conduct informal inquiries into the suspension. There was much correspondence between the teacher's solicitor and the senior inspector regarding the legality of the proposed inquiry and the procedures to be followed. When these matters had been resolved, the investigation itself consisted of an examination of documentation and interviews with the parties concerned. All these matters, together with work involved in compiling the report, took considerable time to complete.
There were subsequent difficulties in considering the report. Following the institution of legal proceedings and subsequent negotiations, settlement terms were laid down by the High Court on 1 December 1994.
The settlement terms were an order of mandamus directing the Minister for Education to exercise her powers under the provisions of the Vocational Education Acts, 1930 and 1944, to terminate the suspension from his duties as a teacher imposed on (the person referred to by the Deputy) on 29 February 1988 by County Offaly vocational education committee; an order directing the Minister for Education to pay the teacher his salary for that period of his suspension following 29 March 1988; and an order for taxation of the teacher's costs including reserved costs in default of agreement.
The Department subsequently notified County Offaly vocational education committee of the terms of the order. It was indicated in the letter to the vocational education committee that in pursuance of the order of Mandamus the suspension imposed by the vocational education committee on the teacher referred to by the Deputy on 29 February 1988 had been terminated in accordance with the provisions of section 7 (3) of the Vocational Education (Amendment) Act, 1944.
The Department authorised County Offaly Vocational Education Committee to pay salary to the teacher for that period of the suspension following 29 March 1988.
The position now is that the suspension imposed by County Offaly Vocational Education Committee on the teacher concerned on 29 February 1988 has been lifted. Solicitors acting on behalf of the vocational education committee have been in touch with the Department about certain matters relating to the case and these are being dealt with at present.
The Dáil adjourned at 5.20 p.m. until 2.30 p.m. on Tuesday, 25 April 1995.