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Dáil Éireann debate -
Wednesday, 17 May 1961

Vol. 189 No. 4

Ceisteanna—Questions. Oral Answers. - School Attendance of County Cork Children.

41.

asked the Minister for Education whether his attention has been drawn to the case of Mr. Hurley, Raharoon, Bandon, County Cork, who was summoned for non-attendance of his children in school on a specific date; if so, when the matter was first brought to his attention; whether he was aware of this case on 4th May, 1961; if he proposes to take any action in the matter; and, if so, what steps he proposes to take to ensure that Mr. Hurley's children can attend school without fear of brutal assault or victimisation by the teacher already responsible for both of these irresponsible actions.

On the 8th May, 1961, I saw newspaper references to this case. Neither Mr. Hurley nor anybody on his behalf notified me or my Department that subsequent to the Circuit Court proceedings he had been keeping his children at home from school. I have already taken steps to have the further allegations made against the teacher concerned investigated.

I must add, however, that I have no function in relation to the administration of the School Attendance Act.

I understand the parents allege that they wrote on no less than six occasions—I do not know if that is so. I wonder could the Minister verify that to ascertain whether or not they have had a reply? The case against Mr. Hurley was taken at the instance of the Department of Justice, and the justice concerned in the case has postponed it, because, as he hoped, something might emanate from the Department of Education. Is it not possible for the Minister to give some guidance in this matter? Does the Minister, for instance, believe that the parents have a reasonable case for withholding the children in the circumstances?

Allegations were made against this teacher, which I had investigated, and I took appropriate action. Further allegations have been made and I have again set in motion the machinery to investigate these allegations and I shall take action when I have fully investigated the matter. I do not think that anything I have to do should be awaited by the court in a case which it is hearing under another Act.

Does the Minister not agree that where the children——

Question time is not to be used for asking Ministers' opinions. It should be used to ascertain facts in respect of the administration of Departments.

In the interim, while the Minister is investigating, would he indicate to the district justice that the case be not proceeded with until he has completed his investigation? Would he not suggest to the Minister for Justice that he should not proceed with the case against Mr. Hurley until he has completed his investigation into the most recent allegations?

I presume it would be a matter for the people concerned to make that as a defence and it would be for the justice to decide if there were grounds for that defence. I shall do my own investigating and take my own action.

Another direct descendant of Pontius Pilate.

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