I propose to take Questions Nos. 2 and 40 together.
I have not made a submission to the Primary Education Review Body. The report refers to a discussion paper submitted by a member of my Department to the Primary Education Review Body which was not intended for publication.
The primary education system derives from the Stanley letter of 1831, the Royal Charters of 1845 and 1861, the Ministers & Secretaries Act of 1924, Articles 42 and 44 of Bunreacht na h-Éireann, and the School Attendance Act 1926.
The rules for national schools are not statutory rules but exist in pursuance of Articles 42 and 44 of the Constitution and have their origins in rules previously drawn up on the basis of the Stanley letter and Royal Charters by the Commissioners of National Education in Ireland. The Minister for Education is empowered under the Ministers and Secretaries Act of 1924 to administer public services in education and to take over the functions of the Commissioners for National Education in Ireland. In numerous court cases the rules have been afforded quasi-legal status, and the rules, along with administrative circulars and directives have been treated as legally binding.
With regard to the introduction of an Education Act, the Primary Education Review Body will be addressing issues concerning the structures in primary education in the course of their deliberations and will complete their work later this year. I do not intend to take any action in the matter until I have had the opportunity to examine the review group's report and recommendations.
The Intermediate Education (Ireland) Acts, 1878 to 1924, provide the legislative basis for the operation of the secondary school system. The third level education system operates under the various Acts relative to that area.