Vol. 515 No. 3
315 Mr. Higgins (Dublin West) asked the Minister for Education and Science the reason a teacher, suspended by the board of management of Carndonagh community school in October 1998, was not afforded the right of natural justice to put his case to the board; and if he will establish an independent inquiry into the history, reason and manner by which this teacher was suspended. [5856/00]
The teacher referred to by the Deputy was suspended by the board of management in October 1998 because of alleged misconduct relating to a refusal to teach certain classes for which he was timetabled. I understand that, prior to the suspension decision being taken, the teacher was invited to meet with the board and that he left the meeting in question "in protest".
The management of staff in any school is primarily the function of the board of that school and it is inappropriate for the Minister for Education and Science to become involved in such matters, except where this is specifically provided for in legislation. In the present case I have no statutory power to intervene in this matter and in particular I have no power to establish and conduct an inquiry of the kind proposed by the Deputy. I am advised, therefore, that I have no capacity to require the parties in the present case to engage with any inquiry which I may establish. In the absence of statutory powers any attempt on my part to try to require the parties to co-operate is likely to be met with a legal challenge on the grounds that I was acting ultra vires.
While I do not have statutory powers and in general I am of the view that matters relating to the management and discipline of staff is exclusively a concern of the board of management, I am prepared in the circumstances of this case to appoint a person to carry out an inquiry into the alleged misconduct of the teacher concerned. For the reasons I outlined above any such inquiry could be held only with the agreement of all the parties and even then it would not be possible for such an inquiry to take evidence on oath or to compel any person to give evidence. The teacher concerned has been advised of my position and I am awaiting his response.
