Dáil Éireann Debate, Wednesday - 21 March 2012
125 Deputy Stephen S. Donnelly asked the Minister for Education and Skills with regard to the ongoing review of school enrolment, when he anticipates publishing the conclusions of this review and bringing forward legislation or regulations on same. [15094/12]
View answerAs the Deputy will be aware, last June, I launched a discussion paper on school enrolment. The document, "Discussion Paper on a Regulatory Framework for School Enrolment" contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent.
I have made it clear that the paper was not meant to be prescriptive, nor have any decisions been made as to what elements will be contained in any final regulations or legislation. The purpose of the paper was to lead and provoke debate on enrolment policies and practices.
I invited education partners and interested parties to submit their views to my Department by 28 October last. My officials are currently co-ordinating the submissions received and the feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment.
126 Deputy Stephen S. Donnelly asked the Minister for Education and Skills further to Parliamentary Question No. 161 of 11 January 2012, the measures that were taken on foot of this advice to communicate it to parties to section 29 appeals; the measures that have been taken to standardise the process by which schools inform parents of their right to take a section 29 appeal and of the process and procedures for these appeals; the number of such appeals that took place in 2011 and the success rate of same; the number of these appeals that were subjected to judicial review by the school concerned; the number of these that subsequently led to the original appeal being overturned; and if he will provide an estimate of the cost of these appeals and legal proceedings to the schools and or that State. [15095/12]
View answerFurther to my answer to Parliamentary Question No. 161 of 11 January 2012, since 14 February my Department advises all parties to an appeal on the jurisdiction of Section 29 appeal committees in relation to Section 19(3) of the Education (Welfare) Act 2000. This advice is consistent with the Department's legal advice.
I have asked my officials to forward a copy of these procedures and advices for the Deputy's attention.
There were 367 appeals taken in 2011, of these:
149 were withdrawn by the appellant prior to hearing, and
218 went to hearing and 95 of these were upheld in favour of the appellant.
In 2011 two school authorities lodged a judicial review, each to have a Section 29 determination, that was upheld in favour of the appellant, quashed by the High Court. These two determinations were quashed. A second hearing by another appeal committee was convened in one case. The appellants withdrew the appeal before it went to hearing, in the other case.
In 2011 my Department incurred expenditure of €275,759.67 in relation to the administration of Section 29 appeals, which relates to the costs incurred by Section 29 appeal members except for €1,073 which relates to room hire for appeal hearings.
Separately, in relation to costs of Judicial reviews my Department incurred costs of €59,502 in 2011 against one of these Judicial Reviews. My Department has not yet received the costs in relation to the other case.
The Deputy will be aware that in 2011, I launched a "Discussion Paper on a Regulatory Framework for School Enrolment". My officials are co-ordinating the submissions received. The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment, to make the process of enrolling in schools more open, equitable and consistent. I will be reviewing the purpose and scope of Section 19(3) of the Education (Welfare) Act, 2000 as part of this work.
