Dáil Éireann Debate, Thursday - 7 April 2022
299. Deputy Alan Kelly asked the Minister for Education her views on whether it is appropriate that a member of an education and training board senior management team direct an investigation into a school under CL 48/2018 in which such a member could be conflicted or party to the issues being looked into. [18909/22]
Amharc ar fhreagraETBs and Principals have a responsibility for the quality and effectiveness of education and the management of staff in a school as set out in the Education Act 1998. Section 24(3) of the Education Act 1998 provides for the suspension and dismissal of teachers and principals by employers. The Minister for Education has no role in such matters.
Circular 48/2018 sets out agreed procedures between Employers and Unions to be used in the case of individual disciplinary cases but the Department is not involved in such procedures and is not a party to any individual process. The only role for the Minister of Education in the circular is in nominating people to the list of independent chairs for use in appeals under the procedures.
While no procedures can be definitive about the range of circumstances which might give rise to the initiation of disciplinary procedures in general these are likely to be related to misconduct, a threat to the health and safety of students and/or sustained failure to perform adequately the professional duties and responsibilities expected of a teacher. The procedures provide for two separate and independent strands which should be utilised in appropriate circumstances, namely (i) procedure relating to professional competence issues and (ii) Procedure relating to work, conduct and matters other than professional competence.
The procedures are designed to deal solely with issues of employment and supersede all prior existing disciplinary procedures in existence save for those provided in law. The actual operation of the procedures including any investigation is a matter for the employer. The circular does set out that individuals may be placed on administrative leave while an investigation is carried, where the circumstances warrant, and that any process should to comply with the general principles of natural justice.
As outlined in Department Circular 48/2018 all matters relating to the disciplinary procedure are strictly confidential to the parties and their representatives. These procedures are without prejudice to the right of a teacher to have recourse to the law to protect his/her employment.
