Ivana Bacik (Dublin Bay South, Labour)
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184. To ask the Minister for Education and Skills if she is aware of interviewees for the scoping inquiry on historical sexual abuse in schools who had previously signed non-disclosure agreements in respect of their schooling years; her views in the prevalence of non-disclosure agreements as a chill factor for victims of institutional childhood abuse; and if she will make a statement on the matter. [39813/24]

Norma Foley (Kerry, Fianna Fail)
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The Report of the Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools Run by Religious Orders indicates that survivors have criticised the use of Non-Disclosure Agreements (NDAs) on the basis that they see them as an unfair mechanism used to silence individuals and protect organisations who have committed criminal acts.

A number of survivors indicated to the Scoping Inquiry that they were concerned that the terms of NDAs which they had signed as part of settlements or compromise agreements might prohibit or restrain them from fully engaging with a future inquiry.

The Scoping Inquiry Report observes that, as NDAs are by their nature contractual, the particular restrictions or limits on disclosure depend on the terms of the contract. However, notwithstanding the terms of any particular NDA, the Report concludes that a statutory inquiry would be able to use its powers to compel attendance of a witness to give evidence.

As a matter of practicality, and in order to assuage the concerns of any potential witnesses who may have signed NDAs, the Report of the Scoping Inquiry envisages that an inquiry could ask such persons to contact the inquiry and, if such evidence is considered relevant, the inquiry could then use its statutory powers to require them to attend to give evidence.

Ivana Bacik (Dublin Bay South, Labour)
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185. To ask the Minister for Education and Skills if any persons who were reported in the scoping inquiry on historical sexual abuse in schools are still teachers, or in any paid employment, either as a staff member or elsewhere in proximity to the education of children. [39814/24]

Norma Foley (Kerry, Fianna Fail)
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The Scoping Inquiry into Historical Sexual Abuse in Day and Boarding Schools Run by Religious Orders was a non-statutory process and did not have statutory investigative powers. It has reported what it has been told by each person, organisation or agency that it contacted with requests for information and it did not make findings of fact based on that information.

As a non-statutory Inquiry, it did not have powers to investigate individual allegations of abuse. Under its terms of reference, the Scoping Inquiry was not tasked with investigating or making findings of fact about whether or not abuse occurred or to make findings in respect of individual persons, religious orders or schools.

Cases of abuse that were brought to the attention of the Scoping Inquiry in the Survivor Engagement process were referred to Tusla and to An Garda Síochána for further review and follow-up where necessary, as those are the agencies with the necessary powers to assess whether there is any risk to children now and to carry out criminal investigations.

Ivana Bacik (Dublin Bay South, Labour)
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186. To ask the Minister for Education and Skills 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]

Norma Foley (Kerry, Fianna Fail)
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Under 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 , 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.