794. Deputy Natasha Newsome Drennan asked the Minister for Education and Youth whether her Department's attention has been drawn to a Tusla report which found that allegations of physical and emotional abuse by a teacher (details supplied) against a student were "founded"; and if she will clarify how this teacher was subsequently employed as a principal in a school in Dublin. [42038/26]

My department takes child protection very seriously and considers that the protection and welfare of children is a fundamental responsibility of all involved in the care and education of children.

I have been engaging intensively with officials in my department in recent weeks to ensure that child protection in education and youth service settings is robust and fit for purpose. To that end, I asked my officials to write to Tusla in relation to the operation of child protection measures in these settings and how bona fide child protection concerns are identified and forwarded to the Garda National Vetting Bureau.

My department has no powers to investigate child protection concerns. Tusla has the statutory responsibility to assess all reports of child welfare and protection concerns. Any concern or allegation of a child protection nature received by staff in my department is immediately passed on to the relevant authorities, that is Tusla — the Child and Family Agency or An Garda Síochána, as appropriate. The school authority is also informed of the alleged concern received. Tusla decides whether an allegation of abuse is founded or unfounded and liaises with An Garda Síochána for investigation of the criminal aspects of a case. An Garda Síochána has overall responsibility for the direction of any criminal investigation.

My department has no role in employer/employee matters. Under the Education Act 1998, legally, all schools are managed by the school Board of Management, on behalf of the school patrons. It is the school Board of Management that employs the school's teachers and other staff members except in Education and Training Board (ETB) schools, where it is the ETB that is the employer. Any actions in relation to the school employee, in relation to employment matters, are exclusively a matter for the employer.

Everyone who works with children and vulnerable people is legally required to be vetted by the National Vetting Bureau (Children and Vulnerable Persons Acts 2012 to 2016). School authorities must ensure compliance with the requirements of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 (the Vetting Act) and with relevant Department circulars in relation to Garda vetting of school personnel and other persons who undertake relevant work or activities with children or vulnerable persons.

It is the role of the Teaching Council to administer vetting for teachers in Ireland. The Teaching Council assesses the vetting disclosure (result) to establish if a teacher can be registered. The role of the school is to receive and assess the vetting disclosure when employing teachers.

Schools are required to comply with Circular 31/2016 Commencement of Statutory Requirements for Garda Vetting which outlines that Section 12 of the Vetting Act requires that a school authority must not, other than where certain exemptions apply, commence the employment of an employee to undertake relevant work or activities before the school authority receives a vetting disclosure from the Bureau in respect of that person. This requirement applies in respect of all types of appointment of any duration including full time, part time and substitute positions.

Separate to the requirements of the Vetting Act, school authorities are required to be cognisant of their civil law duty of care to their students and the need for prudent practice from a child protection perspective. School authorities are required to ensure compliance with the department's requirements in relation to the provision of a child protection related statutory declaration and associated form of undertaking by all persons being appointed to teaching and non-teaching positions. The form of undertaking must be completed as close as possible to, and in any case before, the commencement of employment in the school. This includes emergency and substitute positions. The school authority must obtain and view the original statutory declaration and associated form of undertaking and retain a copy of it for its own records.

Section 4.1(10) of Circular 31/2016 also outlines that thorough recruitment procedures, including the checking of references and any gaps in career history, are an essential element of child protection practice. It further outlines that statutory vetting should not take the place of good recruitment procedures but must be used as part of those procedures.

Department Circular 44/2019 sets out the leadership and management framework for posts and the recruitment and appointments procedures for registered Teachers, Assistant Principals, Deputy Principals and Principals in recognised primary schools and special schools, including where a proportion of the pupils attending are of post-primary age and where second level programmes are being provided. Circular 44/2019 also underlines that schools/ETBs must ensure compliance with the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012 to 2016 and with relevant Department Circulars in relation to Garda vetting. The Circular requires schools/ETBs to verify references for successful appointees.