Seanad amendments Nos. 1, 2, 11 to 14, inclusive, 23, 24 and 38 are related and will be discussed together.

These are minor technical amendments to ensure consistency of language throughout the Bill when referring to the Act of 2015. They replace references to the Bill when enacted as the Teaching Council (Amendment) Act 2015 with the “Act of 2015”.

Seanad amendments Nos. 3, 41 and 45 to 49, inclusive, are related and will be discussed together.

Seanad Amendment No. 41 provides for the holding of an inquiry under section 43 by a panel of the disciplinary committee where the investigating committee has determined that there is a prima facie case to answer, following a complaint to the council about a registered teacher This is a redraft of section 43 to make clear the steps and processes involved in an inquiry and the responsibilities of the disciplinary committee and panels. The various avenues for conducting or completing inquiries are also set out.

In summary, the disciplinary committee will write to the teacher informing him or her of the nature of the complaint, including evidence supporting it, and an opportunity for him or her to request that the matter be investigated by way of an examination of documents. If a hearing is to be held, the teacher will be informed that he or she, or his or her representative, may be present to defend himself or herself at the hearing and that he or she may request that some or all of the hearing be held in private. The inquiry will be carried out by a panel of the disciplinary committee, consisting of three to five persons, the majority of whom will be registered teachers. At the request of the teacher, the panel may agree to hold the inquiry by way of consideration of documents and written submissions only, that is, in place of a hearing.

Having considered the complaint, the panel may request the teacher to do one or more of the following and before a hearing takes place: to undertake not to repeat the conduct; to undertake to attend a specified professional development course or such other course as the panel considers appropriate; to undertake to comply with such requirements as may be specified for the purposes of improving his or her competence and performance; to consent to seek the assistance of such services relating to health and welfare as may be specified; or to consent to being censured.

Where a registered teacher gives the type of undertaking I have just outlined, the inquiry will be completed. However, where a registered teacher does not give an undertaking in these matters, the inquiry will continue as if the request had not been made by the panel.

A hearing, if required, will be held in public by default, unless the teacher or a witness, about whom personal matters may be disclosed at the inquiry, requests that all or part of the hearing be held in private and the panel is satisfied that it would be appropriate in the circumstances to do so. At the hearing the director, or any other person with leave of the panel, will present evidence in support of the complaint. Witnesses will give testimony on oath and there will be the right to cross-examine witnesses and call evidence. The panel will be able to receive evidence given orally, by affidavit or other means such as video link. It will have the powers, rights and privileges vested in the High Court in respect of enforcing the attendance of witnesses and their examination on oath or otherwise and can compel the production of documents. A witness will have the same immunities and privileges as if he or she were a witness before the High Court.

For the purposes of the inquiry, a panel may, in accordance with the provisions of the new section 43A, consider information in a vetting disclosure and any submission made on that disclosure. I will outline the provisions of section 43A when dealing with amendment No. 42.

On completion of an inquiry, the panel may make no finding and dismiss the complaint. Otherwise, it will produce a report setting out the nature of the complaint, the evidence considered, the measures where a teacher has given an undertaking, where appropriate, and the panel’s findings. In addition, where the complaint relates to the conviction of a teacher for an offence triable on indictment, the panel must report whether the findings affect his or her fitness to teach. It will also report any other matter it considers appropriate.

Under the Bill, the Teaching Council may make a complaint under section 42 where it has received a vetting disclosure giving rise to a bona fide concern that a teacher may harm a child or vulnerable person, cause a child or vulnerable person to be harmed, put a child or vulnerable person at risk of harm, attempt to harm a child or vulnerable person, or incite another person to harm a child or vulnerable person. In such circumstances, where the panel is satisfied that there is a risk, in its report it will specify the nature of the information disclosed in the vetting disclosure, the evidence, its assessment of the risk and its conclusion in respect of that risk. Where it is not satisfied that there is a risk, it may dismiss the complaint.

Where a complaint is dismissed, the complainant, the teacher concerned, such other persons as he or she may request and his or her employer will be informed. At the request of the teacher, the panel will publish a notice to that effect.

The amendment involves the deletion of section 17 of the Bill which also provided for amendments to the provisions for an inquiry. However, amendment No. 41 is more comprehensive than section 17 in the original Bill.

Amendment No. 45 amends section 44 of the Act and provides that it is the panel, rather than the full disciplinary committee, which, having completed its report, will determine what measures, if any, are to be taken to sanction a teacher. The original Bill provided for the full disciplinary committee to have this function.

The amendment ensures consistency between sections 43 and 44 and this approach has been taken on foot of legal advice received by the Department.

Amendment No. 3 is a technical amendment consequent to amendment No. 41, which replaces subsection (43). Amendments Nos. 46 to 49, inclusive, replace the term "disciplinary committee" with "panel". The purpose of the amendments is to ensure consistency of language in section 44 of the principal Act, as amended, which provides that it is the panel and not the disciplinary committee which determines what measures, if any, are to be taken to sanction a teacher following the panel's report.

This is a technical amendment to update the 2001 Act's reference to the EU directive on the mutual recognition of qualifications to the relevant directive that is now in place.

This is a technical amendment updating the name of the Marino Institute of Education into the 2001 Act.

Amendments Nos. 6, 8 and 51 are related and will be discussed together.

Amendment No. 6 is to enable the disciplinary committee, for the purpose of carrying out a fitness to teach inquiry, to sit in divisions of itself and where each division is to be referred to as a "panel". The 2001 Act already provided that panels would conduct inquiries on behalf of the disciplinary committee and the revised wording strengthens references in the Act to the role of the panels.

Section 28 of the principal Act provides for membership of the disciplinary committee. Amendment No. 8 removes the provisions in that section that the director will be secretary to the disciplinary committee and that the chairperson of the Teaching Council will be a member and chairperson of the disciplinary committee. These changes are proposed on foot of legal advice received by the Department on the separation of duties in terms of governance roles and the conduct of disciplinary inquiries. The legal advice indicates that it is more appropriate that the chair of the council would not be a member of the disciplinary committee.

Amendment No. 8 also proposes that the council selects eight, rather than seven, of its members who are registered teachers elected to the council or nominated by trade unions to make up the disciplinary committee. The number is being increased to make up for the removal of the chairperson as a member of the committee.

Amendment No. 51 amends section 44(2)(a) of the Bill, as amended in the Dáil, and provides that the disciplinary committee, rather than the director, advises relevant parties of the decision of a disciplinary panel following an inquiry. This is consistent with the removal of the requirement for the director to act as secretary to the committee.

Amendments Nos. 7, 30, 33, 34, 36, 39 and 40 are related and will be discussed together.

Amendments Nos. 7, 30, 33, 34, 36, 39 and 40, as proposed, serve to remove references to the director as secretary to the investigating committee. There is no legal need for the director to act as secretary to the investigating committee. Removing this requirement will afford the Teaching Council more flexibility in how it manages its operation of the fitness to teach processes, including in relation to the allocation of staff to support the work of the investigating committee. This also frees up the director to be the presenting officer for cases, which is a more appropriate role.

Section 29 of the principal Act provides for the establishment and maintenance of the register of teachers. The purpose of this amendment is to update section 29 in relation to entering on the register details of each person who is registered or is entitled to be registered, as opposed to only each person entitled to be registered, to make clear that the provision relates to teachers who are applying for renewal of registration as well as initial registration.

It also makes consistent the reference in the Act in relation to whether the registration is subject to conditions under various sections, such as conditions that may be applied at initial registration stage and so on.

The amendment to the Bill provides that where the council prescribes the information to be included in the register, such information shall, in addition to the information set out in the Bill and the Act currently, include the name and address of employer if known to the council; the findings of any disciplinary proceedings under Part 5, including any measures confirmed by a panel under section 44(1A); and the period for which such information shall remain on the register. These updates are important so that the register can provide comprehensive information on a teacher’s registration status.

Amendments Nos. 10, 15 to 18, inclusive and 20 to 22, inclusive, are related and will be discussed together.

The amendments are technical and consequential amendments arising from amendment No. 16. Amendment No. 16 substitutes the existing section 33 of the 2001 Act, which relates to renewal of registration. The Bill as initiated made a number of amendments to section 33 of the 2001 Act. Further amendments to section 33 were made on both Dáil Committee Stage, Seanad Committee Stage and on Seanad Report Stage. The substituted section 33 incorporates all amendments made to section 33 to date under the Bill. It sets out the entire provisions of the amended section 33, making it more coherent and easier to follow.

The Bill as initiated amended section 33 to provide, inter alia, for revised text in relation to the powers of the Teaching Council to make regulations for the purpose of renewal of registration and to also make provision for retrospective vetting and re-vetting arrangements for registered teachers in the context of renewal of their registration.

Further amendments to section 33 were made on Dáil Committee Stage. These included amendments clarifying the requirements on the council in relation to notifying a teacher in writing where it intends to seek a vetting disclosure for the purposes of his or her renewal of registration, clarifying the requirements in relation to the council making a decision to refuse renewal of registration on foot of its assessment of a vetting disclosure, providing for a certificate of registration to be issued to teachers, and making clear that where registration is renewed subject to conditions, a timeline may be set within which such conditions must be met.

In addition, on Seanad Committee Stage, amendments were made to section 33 to clarify further the Bill’s wording in relation to the requirements on a teacher in relation to complying with a vetting request within the required timeframe.

Seanad Report Stage amendments, including minor technical and wording changes arising from proofing the Bill, have now also been incorporated in the substituted section 33. In that regard, on Seanad Report Stage provision has been made that in exceptional circumstances where, notwithstanding that a registered teacher has co-operated with a vetting requirement in the context of the annual renewal of his or her registration, a vetting disclosure has not been received from the vetting bureau prior to the expiry of the teacher's registration, or it has been received but there has been insufficient time for the council to obtain and consider any submissions required in respect of that disclosure, the person shall remain on the register until such time as a decision on that person's renewal is made by the council having regard to the disclosure received and any submissions submitted by the person as appropriate.

This is subject to the council making a decision in respect of that person's registration within 21 days after the receipt of the disclosure concerned or where the disclosure contains information of relevance to that person's registration, the council having invited submissions from the person within 21 days of receipt of that disclosure and making a decision in respect of that person's registration within 21 days of receipt of such submissions.

Subsection 15 of the substituted section 33 also now provides that where a person has not complied with a vetting request for renewal of registration purposes, before the council makes a decision in relation to that person’s renewal, the teacher will be offered an opportunity to make submissions to the council as to why he or she did not comply and that the council will consider such submissions before making a decision in respect of that person's registration.

Where the council is not satisfied that there are reasonable grounds for the person not complying with the vetting request, the council shall refuse to register that person. The council may, however, renew the person's registration where the teacher has satisfied the council that there were reasonable grounds for not complying with the vetting request, and having considered any further submissions from the teacher. These provisions ensure a teacher who has a valid and genuine reason for not complying within the required timeframe with a vetting request, perhaps due to incapacity or other exceptional circumstances, is not unfairly removed from the register.

The substituted section 33 also clarifies that where a teacher appeals the council’s decision to the High Court, the teacher will remain on the register during the period of appeal. The only exception to this will be where the Teaching Council, where it considers it to be in the public interest, has successfully applied to the High Court for an order to suspend the teacher from the register under section 47. In such cases, the High Court will, where the teacher is employed in a recognised school, determine whether or not the teacher continues to be remunerated out of moneys provided by the Oireachtas.

Section 33, as amended, now provides also that, following a High Court decision on an appeal, a teacher or the Teaching Council can make a further appeal to the Court of Appeal on a specified question of law. In such a case, the relevant court shall also, where the teacher is employed in a recognised school, determine whether the teacher continues to be remunerated out of moneys provided by the Oireachtas. Seanad amendment No. 10 updates section 30 of the 2001 Act to cross reference the new subsection 22 of section 33 arising from amendment number 16. Seanad amendment No. 15 is a consequential amendment to section 9 of the Bill, also arising from amendment No. 16. Section 9 of the Bill inserted a new section 31A into the principal Act placing a requirement on a person to provide his or her consent to vetting at initial registration or where he or she is requested by the council to do so, for the purposes of renewal of his or her registration. Under Seanad amendment No. 16, those provisions in respect of a teacher's compliance with a vetting request for renewal of registration purposes are being expanded and incorporated into section 33 and are therefore being removed from section 9. Seanad amendments Nos. 17, 18, and 20 to 22, inclusive, are also technical amendments necessary to re-number existing references in the Bill to section 33 on foot of amendment No. 16.

The purpose of this provision is to enable the Teaching Council, where it has received a vetting disclosure in respect of a registered teacher for the purposes of the renewal of his or her registration and information in that disclosure gives rise to a bona fide child protection concern, to provide that information to the employer of the teacher, where that employer is known to the council. The amendment provides that before making a decision to provide such information to an employer, the council shall notify the teacher in writing and invite him or her to make submissions within a specified period and that any submissions received shall be considered by the council.

The purpose of this provision is to provide for non-compliance with an undertaking given by a registered teacher following an inquiry by the disciplinary committee under section 43 of the Act, as an additional reason for complaint under section 42, inquiry by investigating committee. If a teacher has agreed to measures as part of an inquiry it makes sense that non-compliance with the measures can be followed up. This is the same structure as applies for other regulators. Section 42(1)(g), dealing with conviction for an offence, is already in the Bill.

Amendments Nos. 26 to 29, inclusive, 31, 32 and 37 are related and may be discussed together.

Section 16 of the Bill amends section 42 of the 2001 Act. That section sets out the grounds on which complaints about registered teachers may be made and the role and processes to be followed by the director and the investigating committee in respect of such complaints. Subsection (1D) of section 42 as amended by the Bill provides that the council may make a complaint to the investigating committee where a vetting disclosure, obtained in its conduit role for school employers, gives rise to a bona fide child protection concern. Amendment No. 26 inserts a new subsection (1E) into section 42 which makes clear that the council may also make a complaint to the investigating committee, under the existing provisions of section 42(1)(g), where a disclosure obtained in its conduit role contains information in relation to a criminal conviction. Under the Bill as it stands, section 42(1)(g) provides that a complaint may be made in respect of a registered teacher on the grounds "that he or she has been convicted in the State of an offence triable on indictment or convicted outside the State of an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment". Amendment No. 26 makes clear that such a complaint may be made by the council where a vetting disclosure obtained in its conduit role for school employers contains information about a conviction of this nature.

Amendments Nos. 27 and 28 are technical amendments to revise numbering following inclusion of amendment No. 26. Amendments Nos. 29, 32 and 37 are also linked to amendment No. 26. Amendment No. 29 makes clear that where the council, in accordance with the relevant provisions of the Bill, makes a complaint in respect of information contained in a vetting disclosure that it has obtained in its conduit role, the council shall provide the director with a copy of the vetting disclosure concerned and shall indicate the information within that disclosure which grounds the complaint. Amendment No. 31 is a technical amendment creating the link necessary for the provisions of amendment No. 32 to be inserted in the Bill. Amendment No. 32 makes clear that the director may, in the case of such complaints and for the purpose of considering whether to refuse or to refer such a complaint to the investigating committee, consider the information in the disclosure in so far as it relates to the complaint in question.

Amendment No. 37 replaces subsection (7) of section 43, as amended by this Bill, with revised wording to incorporate additional provisions that set out more comprehensively the requirements on the investigating committee when dealing with such complaints. This new subsection (7) has been amended to provide that in addition to providing the teacher concerned with a copy of the complaint and other information and documentation accompanying the complaint, the investigating committee shall provide a copy of the vetting disclosure to the teacher concerned where the complaint has been made by the council in relation to information in that disclosure and for the teacher to be invited to make submissions in respect of that vetting disclosure. This amendment also makes clear that the investigating committee may consider the information in a disclosure insofar as that information relates to the complaint made by the council and any submissions made in relation to that disclosure.

Amendment No. 35 is a technical amendment required on foot of amendments on Dáil Committee Stage to take account of changes in terminology. In this regard, the Bill refers to a "complaint" under section 42 whereas the 2001 Act referred to an "application" or "appeal". It also deletes the provision at section 42(5)(b)(iii) of the Act that the investigating committee shall refuse to consider a complaint where there is insufficient evidence to warrant an investigation.

The purpose of this change is to guard against the danger that a complaint must be refused, even if of a serious nature, where there is little evidence available or where it is not straightforward to determine if it is sufficient. It would not be desirable for a situation to develop where there was a danger that a complaint might have to be abandoned before an informed decision could be made on whether it merited an inquiry.

This is largely a technical amendment to transfer the provisions in subsections (1) to (6), inclusive, from Schedule 3 to the 2001 Act, as amended by the Bill, into a new section 43A. The new section 43A separately sets outs the relevant provisions of the Bill relating to the use and assessment of vetting disclosure by a panel undertaking an inquiry under section 43.

In addition to the provisions which were previously in Schedule 3, additional provisions in subsections (7) and (8) of the new section make it clear that a panel may also consider information in a vetting disclosure where the council has made a complaint, under the relevant provisions of section 42, in respect of that information and that the panel can consider information in that disclosure only in so far as it grounds that complaint and relates to the conduct which is the subject of the complaint. It also allows the panel to consider any submission the teacher may have made on that vetting disclosure.

This amendment provides that a person commits an offence in the course of an inquiry when he or she fails to attend having been summoned, refuses to take an oath, refuses to produce any document in his or her power or control lawfully required by the panel or refuses to answer a question. In addition, it is an offence if a person does anything which, if the panel were a court of law, would be contempt of court. The amendment provides that a person who commits an offence will be liable on summary conviction to a class C fine. These matters were already included as offences in the 2001 Act, but references need to be updated to reflect that it is the panel which is conducting the inquiry and making decisions. The inclusion of the words "a class C fine" in place of a fine of "£1,905" updates the provision in accordance with the more current legislative approach.

This amendment provides that where a complaint is withdrawn by the complainant while it is being considered by the investigating committee or where it has progressed to a panel inquiry, the committee or the panel may, with the agreement of the council, decide either that no further action is to be taken or proceed as if the complaint had not been withdrawn. This is to prevent a situation where the investigating committee or the panel are obliged to proceed with a complaint, even if it has been withdrawn and the committee or panel sees no reason to proceed. Of course, the committee or panel may also decide to proceed if that is deemed to be appropriate.

Amendments Nos 50 and 53 are related and will be discussed together.

I have already outlined amendment No. 41 which provides, inter alia, that a panel may request a teacher to give certain undertakings or consent to certain measures. Amendment No. 50 is necessary to provide that in such circumstances the panel will make a decision to confirm these measures.

Amendment No. 53 ensures such decisions which are arrived at on foot of voluntary agreement by the teacher are not subject to an application by the Teaching Council to the High Court for confirmation of the decision.

This is an additional amendment to section 44(3) of the principal Act which deals with the removal, suspension or retention of a teacher on the register following an inquiry. The amendment provides that measures entered into by a teacher voluntarily are not appealable to the High Court. It deletes the words “of the Disciplinary Committee” from the phrase “vary the decision of the Disciplinary Committee”. It is considered that these words are unnecessary in the context of the purpose of the section.

Amendment No. 54 inserts a new section into the Act and provides that, where it comes to the Teaching Council’s attention that a decision to sanction a registered teacher has been made in another state, the council will, as soon as practicable, inform the Minister and the teacher’s employer, where relevant. The amendment further provides for the Teaching Council, where it has reached a decision to sanction a teacher, to inform the appropriate body in another jurisdiction of that decision, where it has reason to believe the teacher is registered in that jurisdiction and that the body may not be aware of the decision.

Section 46B was introduced as an amendment on Committee Stage in the Seanad to provide for the publication of certain information on the outcomes of fitness to teach inquiries. It was further amended on Report Stage in the Seanad to set out in a clearer manner the provisions in relation to the circumstances in which the council would inform the public of such information. It provides that the council shall, where satisfied that it is in the public interest to do so, advise the public when, on foot of a fitness to teach inquiry, a decision takes effect to remove a teacher from the register, suspend a teacher from the register, retain the teacher on the register subject to conditions, or advise, admonish or censure a teacher, or, where a similar decision taken in another state comes to the attention of the council. It also provides that the council shall, where satisfied that it is in the public interest to do so and following consultation with the disciplinary committee, publish decisions made by a panel following a fitness to teach inquiry and, where there has been a finding against the teacher, publish that finding.

Amendment No. 56 replaces the current section 60 of the principal Act and concerns the non-admissibility of a statement or admission made by a person to a panel in relation to a complaint in other proceedings. It does not apply, however, where a person commits an offence in respect of a panel inquiry. The proposed amendment follows the form of non-admissibility provisions in more recent legislation than the original Teaching Council Act.

This is the amendment for which the Deputy was looking. Amendment No. 57 concerns the appointment of a panel to conduct an inquiry under section 43. The amendment proposes the replacement of Schedule 3 of the principal Act. Much of the detail of Schedule 3 is now dealt with in the proposed amendment to section 43. Accordingly, this is essentially a structural amendment and all of its provisions already exist in the principal Act. Acceptance of this amendment involves the deletion of section 21, which included the provisions for the panel that are now included in the proposed amendment.

Does this amendment relate to public hearings?

It reads: "Notwithstanding any vacancies in the membership of the Disciplinary Committee, a panel may be appointed from among the members of that Committee." It does not relate to public hearings.

A message will be sent to Seanad Éireann acquainting it accordingly. I thank the Minister of State and Deputies.