Standards in Scotland's Schools etc Bill: Stage 3 – in the Scottish Parliament at 5:00 pm on 7 June 2000.
I call Mr Monteith to move amendment 41.
The purpose of amendment 41 is to recognise that teaching is a profession that is worthy of a status that is equal to that which is enjoyed by doctors, lawyers, accountants, surveyors and many others. Those professions have self-regulating professional bodies that are the guardians of professional competence. Amendment 41 seeks to ensure that the General Teaching Council is placed on the same level as such bodies. It seeks to ensure that head teachers, teachers or parents and guardians can refer to the GTC any concerns about serious professional incompetence. If Sam Galbraith can accept the rulings of the General Medical Council, to which parents can make complaints about the professional behaviour of surgeons or doctors, he should accept that the General Teaching Council should be able to take complaints directly from colleagues or parents and guardians.
It has been argued that local authorities are teachers' employers and that complaints should be channelled through them. However, local authorities also employ lawyers, accountants, surveyors and other professionals. Complaints against those professionals can be and are directed to the relevant professional body. If that professional body strikes a professional from its register, the local authority has to consider whether that person can continue in post and, of course, they rarely can.
I am concerned that vexatious and trivial complaints should be filtered out. Very briefly, I will give an example of how that is already done in disciplinary cases for misconduct and conviction. Last year, 244 such cases were referred to the General Teaching Council. Some 176 of those were filtered out by the GTC. Twelve cases were referred to its investigating committee, and two teachers were found guilty and removed from the register. Of 244 cases, two were concluded with teachers being struck off the register. That shows that the General Teaching Council can filter complaints and consider cases of serious incompetence.
I move amendment 41.
I have had no indication that any other member wants to speak to the amendment, but I am conscious that the computer screens are not working particularly well.
I would like to hide behind the fact that screens are not working, but the truth is that I did not press my button.
I would like to speak briefly in support of the amendment, which is sensible and would bring the General Teaching Council's status into line with that of other professional bodies. At the moment, there is an inconsistency in the operation of the GTC. In cases where teachers are accused of misconduct, the GTC has an investigative role, but in cases where the competence of a teacher is at stake, it is not open to a parent to request that teacher's investigation by the General Teaching Council. Instead, parents must rely on a local authority to take action. As many parents know, that is not necessarily an easy or quick procedure.
The overwhelming majority of our teachers do an excellent job and the number of teachers who perhaps should not be in the job is very small. However, the teachers who are in that small category must be dealt with, for the benefit not only of children, but of the profession. The amendment would be a step forward, in that it would give the GTC greater power to regulate the profession. The GTC does a good job with the powers that it has, but the amendment would bring it into line with other professional bodies and enable to do an even better job of ensuring that we have a high-quality, motivated teaching profession.
The bill contains substantial new provisions that will, for the first time, allow the GTC to remove teachers from the profession for reasons of professional incompetence. The provisions in the bill enable the GTC to consider deregistering a teacher who has been dismissed for incompetence or who has left their job after receiving notification of a disciplinary hearing.
The bill reflects our strong belief that it is for employers to manage the teaching force. The GTC's functions concern the fitness of teachers to be in the teaching profession rather than a teacher's performance in a particular post. However, we have listened carefully to the view expressed earlier that the GTC should be able to investigate complaints against incompetent teachers.
I set out our latest thinking in a letter to the convener of the Education, Culture and Sport Committee on 30 May, which was circulated widely. Essentially, we do not rule out a role for the GTC in investigating allegations of incompetence. However, that would be a significant step beyond the proposals for the GTC on which we consulted last year. Such a change would need to be discussed with the GTC, employers and other interested parties. It is not possible within the time constraints of the bill to give those matters proper consideration.
There will be other opportunities to introduce any legislative proposals arising from the consultation. Also, we want to take full account of the new disciplinary procedures for teachers that are being developed through the work that the Advisory, Conciliation and Arbitration Service is leading.
Although Brian Monteith's amendment is well intentioned, it illustrates perfectly the confusion that could arise if we rush into further legislation in this complex area. The amendment gives the GTC the power to investigate complaints by parents about incompetent teachers, but is silent on what action the GTC could take if it discovered that a complaint was well founded. It gives employers the right to complain to the GTC about an incompetent teacher, but does not explain how that would relate to action by employers under the new procedures that are being developed.
I have made it clear that I am prepared to consider a wider role for the GTC and have proposed a sensible and measured way to proceed. In that spirit, I urge Brian Monteith to withdraw his amendment.
Mr Monteith, do you intend to withdraw your amendment?
No, I would rather be obstinate and press it.
The question is, that amendment 41 be agreed to. Are we all agreed?
There will be a division.
Division number 10
For: Adam, Brian, Aitken, Bill, Campbell, Colin, Cunningham, Roseanna, Davidson, Mr David, Douglas-Hamilton, Lord James, Elder, Dorothy-Grace, Ewing, Dr Winnie, Ewing, Fergus, Ewing, Mrs Margaret, Fabiani, Linda, Fergusson, Alex, Gibson, Mr Kenneth, Grahame, Christine, Hamilton, Mr Duncan, Harding, Mr Keith, Hyslop, Fiona, Ingram, Mr Adam, Johnston, Nick, Johnstone, Alex, Lochhead, Richard, MacAskill, Mr Kenny, Marwick, Tricia, Matheson, Michael, McGrigor, Mr Jamie, McGugan, Irene, McLetchie, David, Monteith, Mr Brian, Morgan, Alasdair, Mundell, David, Neil, Alex, Paterson, Mr Gil, Robison, Shona, Salmond, Mr Alex, Scanlon, Mary, Scott, John, Sturgeon, Nicola, Swinney, Mr John, Tosh, Mr Murray, Ullrich, Kay, Wallace, Ben, White, Ms Sandra, Wilson, Andrew, Young, John
Against: Alexander, Ms Wendy, Baillie, Jackie, Barrie, Scott, Boyack, Sarah, Brankin, Rhona, Brown, Robert, Canavan, Dennis, Chisholm, Malcolm, Craigie, Cathie, Curran, Ms Margaret, Deacon, Susan, Eadie, Helen, Finnie, Ross, Galbraith, Mr Sam, Gillon, Karen, Godman, Trish, Gorrie, Donald, Grant, Rhoda, Gray, Iain, Harper, Robin, Henry, Hugh, Home Robertson, Mr John, Hughes, Janis, Jackson, Dr Sylvia, Jackson, Gordon, Jamieson, Margaret, Jenkins, Ian, Kerr, Mr Andy, Lamont, Johann, Livingstone, Marilyn, Lyon, George, Macdonald, Lewis, Macintosh, Mr Kenneth, MacKay, Angus, MacLean, Kate, Macmillan, Maureen, Martin, Paul, McAllion, Mr John, McAveety, Mr Frank, McCabe, Mr Tom, McConnell, Mr Jack, McLeish, Henry, McMahon, Mr Michael, McNeil, Mr Duncan, McNeill, Pauline, McNulty, Des, Morrison, Mr Alasdair, Muldoon, Bristow, Mulligan, Mrs Mary, Munro, Mr John, Murray, Dr Elaine, Oldfather, Irene, Peacock, Peter, Peattie, Cathy, Radcliffe, Nora, Raffan, Mr Keith, Robson, Euan, Rumbles, Mr Mike, Scott, Tavish, Sheridan, Tommy, Simpson, Dr Richard, Smith, Elaine, Smith, Iain, Smith, Margaret, Stone, Mr Jamie, Thomson, Elaine, Wallace, Mr Jim, Watson, Mike, Whitefield, Karen, Wilson, Allan