Dáil Éireann Debate, Tuesday - 7 March 2023
408. Deputy Paul Murphy asked the Minister for Education if she will introduce legislation that protects substitute teachers; if she will instruct her Department that this legislation must ensure that all conditions expected, and hours offered to substitute teachers are outlined with due notice; and if she will make a statement on the matter. [11602/23]
Amharc ar fhreagraThe recruitment and appointment of teachers to fill teaching posts is a matter for the individual school authority, subject to procedures agreed under Section 24 of the Education Act 1998 (as amended by the Education (Amendment) Act 2012).
In accordance with Department Circulars 0044/2019 and 31/2011, schools are required to employ appropriately qualified and registered teachers and ensure that unemployed teachers should be offered employment in preference to those who have retired.
The Education Act 1998 sets out the key roles and functions that are discharged by Patrons and Boards of Management in the running of schools. The Board of Management is the body of persons appointed by the Patron to manage the school on behalf of the patron and the functions of the Board are set out in Section 15 of the Act.
Any queries or issues teachers have should be addressed to their employer, the Board of Management/ETB.
In relation to school employees, my Department is not the employer. The employer is the Education and Training Board (ETB) for vocational schools/community colleges, community national schools and the Board of Management/Manager in the case of primary (excluding community national schools) voluntary secondary, community and comprehensive schools.
The terms and conditions of teachers employed in Oireachtas funded teaching posts are agreed under the auspices of the Teachers Conciliation Council (TCC), a body established in accordance with the terms of the Conciliation and Arbitration Scheme for Teachers, and are of general application to all teachers appointed to such posts.
Additional amendments to teacher terms and conditions can occur only under that process. The Council is composed of representatives of the teacher representative bodies, school management, the Department of Education and the Department of Public Expenditure, NDP Delivery and Reform, chaired by an official of the Labour Relations Commission.
