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Minister for Justice, Equality and Defence Alan Shatter T.D. responds to today's Press Release from the Teacher's Union of Ireland to the National Vetting Bill (Children and Vulnerable Persons) Act 2012

Minister for Justice, Equality and Defence Alan Shatter T.D. responds to

today's Press Release from the Teacher's Union of Ireland to the National

Vetting Bill (Children and Vulnerable Persons) Act 2012.

The Minister stated, "Teachers taking up new posts in new schools have been

vetted for many years, under the Children First Guidelines. The National

Vetting Bureau (Children and Vulnerable Persons) Act 2012 simply confirms

this existing policy. Teachers already in employment in schools who have

already been vetted will not require vetting in respect of that existing

employment. This is provided for in section 12 (5) of the Act.

However, although there are about 40,000 teachers who have been vetted,

there are also approximately 42,000 teachers who were employed by schools

before the Children First Guidelines were implemented, and these 42,000

teachers have never been vetted. These teachers will require vetting

retrospectively, in accordance with the provisions of section 21 of the

Act. This section allows the Minister to prescribe a period of time within

which organisations employing persons not previously vetted must submit an

application for a vetting disclosure in respect of those persons. Pending

the completion of this vetting process the persons will continue to be

employed.

The suggestion by the Teaching Union that vetting should be done only by

the Teaching Council is unworkable for a number of reasons. Firstly, the

Act requires that the prospective employer must obtain a copy of a vetting

disclosure. This is a continuation of the existing practice in the teaching

sector and has been a core part of the Children First Principles and

national child protection principles. The Education Acts already provide

that it is the School Board of Management that is the employer and as such

the Board of Management is also responsible for the recruitment of

teachers. The effect of the proposal made by the Teaching Union of Ireland

would be that Boards of Management in schools would not be able to obtain

details of criminal convictions of persons applying to work as teachers in

their school. This would totally undermine the child protection objective

of the legislation. Moreover, the Teaching Union of Ireland proposal would

result in the 42,000 unvetted teachers never being vetted by the schools

that employ them.

The Minister is in consultation with his colleagues to determine the

appropriate dates for commencement of the various provisions in the Act"