Dáil Éireann Debate, Tuesday - 8 October 2024
186. Deputy Ivana Bacik asked the Minister for Education her engagement with the Teaching Council in respect of the scoping inquiry on historical sexual abuse in schools; her views, in particular, on fitness-to-teach tribunals for teachers in respect of whom there is an allegation of abuse; if she is satisfied that existing processes are adequate to avoid the retraumatisation of victims; and if she will make a statement on the matter. [39815/24]
View answerUnder the Teaching Council Acts 2001-2015 the Teaching Council is the body with the statutory authority and responsibility for the regulation of the teaching profession in Ireland including the registration of teachers in the State.
The Department engages with the Teaching Council across all issues of relevance, in accordance with legislation, and there has been engagement on the matter referred to by the Deputy in this query.
Through its statutory role, the Teaching Council as the regulator of the profession has established a robust system to ensure the highest professional standards including the Code of Professional Conduct for teachers and the fitness to teach provision under Part 5 of the Teaching Council Acts , 2001 – 2015.The Code has an important legal standing and is used by the Council as a reference point in exercising its investigative and disciplinary functions. The Code sets out the standards of professional knowledge, skills, competence and conduct which are expected of registered teachers. The standards are underpinned by four core values – respect, care, integrity & trust & reflect the complexity of teaching.
Complaints can be made by anyone to the Teaching Council in relation to a registered teacher on one or more of the grounds which are set out in section 42(1) of the Teaching Council Acts, 2001 – 2015. The grounds include professional misconduct, poor professional performance, conduct contrary to the Code of Professional Conduct for Teachers and in certain circumstances, convictions.
A person (including the Council) may make a complaint to the Investigating Committee in relation to a registered teacher, and the Committee may consider the complaint. Also, the Teaching Council can refer issues of concern to the Part 5 process without a complaint having been made. In addition, the Teaching Council may make a complaint to the Investigating Committee about information contained in a Garda vetting disclosure received by the Council on behalf of school employers or potential employers.
Part 5 of the Teaching Council Acts 2001-2015 provides for the consideration and investigation of complaints relating to registered teachers, by the Teaching Council’s Investigating Committee. It provides for the holding of inquiries/hearings by Panels of the Disciplinary Committee. At the conclusion of a fitness to teach inquiry, Part 5 of the Act also provides for the possible imposition of sanctions if a finding is made against the teacher, where necessary including the maximum sanction of removing a teacher from the register.
As outlined by the Teaching Council in its statement on the Scoping Inquiry , it can consider complaints against currently registered teachers under the Fitness to Teach process which commenced on 25 July 2016, relating to individual teachers and can in certain instances consider complaints regarding incidents involving registered teachers that occurred prior to 25 July 2016.
The Teaching Council treat all complaints confidentially, respectfully and with the utmost sensitivity and compassion. They have informed me that there are procedures in place during the process to help avoid the re-traumatisation of victims.
Relevant staff are trained on matters, including the effects of sexual violence, responding to a disclosure, and approaches to mitigate against re-traumatisation. Where a complaint goes forward to the holding of an Inquiry, allegations of sexual misconduct must be proven beyond a reasonable doubt. Fair procedures and natural justice underpin the complaint and inquiry process and the treatment of all participants. Where allegations are accepted, witness statements can be submitted without the need for in-person, verbal evidence. A witness can apply to the three-member Inquiry Panel, to provide their evidence in private or remotely via video link. Health (including mental health) is one of the factors considered by the panel. To minimise interaction with other participants to an inquiry, a private meeting room is provided onsite for each witness, as necessary. Witnesses are afforded frequent breaks during the process, as requested.
Witnesses have a dedicated point of contact for the duration of the process and there is a facility for witnesses to apply for evidence to be provided in private, or for all or part of an inquiry to be held in private.
Survivors will be offered every support by the Teaching Council should they wish to submit a complaint under the parameters of the Fitness to Teach process in the legislation.
