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Covid-19 Pandemic

Dáil Éireann Debate, Tuesday - 7 December 2021

Tuesday, 7 December 2021

Questions (330)

Mattie McGrath

Question:

330. Deputy Mattie McGrath asked the Minister for Education the legal basis on which a school can refuse entry to a child for non-wearing of a mask as suggested in her Department’s latest guidance; if her Department will take liability for any litigation brought to the courts by any student who is refused entry to a school based on a mandatory guideline; if the school board of management will be responsible for defending its decision to refuse a child entry to school; the assistance that will be provided to the schools in such instances in which they are threatened with litigation for refusing a child entry to a school; and if she will make a statement on the matter. [60309/21]

View answer

Written answers

The wearing of face masks by children in third class and upwards is a strong public health recommendation from the NPHET and has been endorsed by Government.

While there is no statutory requirement for this in the regulatory framework, it is generally accepted by the school community that rules put in place to protect the health and safety of the school community should be followed, unless there is a very good reason not to do so.

It is generally recognised and accepted that masks protect both the wearer and others around them. This is a temporary public health measure, in the interest of protecting children and the school staff and the school community, given the very high case numbers in older primary school age children.

The Department has published a frequently asked questions guidance on Monday to assist schools engage with parents where there are particular difficulties arising for individual children. The guidance provides that any engagement takes place in a spirit of partnership and co-operation to ensure the safety of the whole school community. While this public health measure is being implemented, this guidance seeks a solution focused approach between school and parents to resolve any issues that may arise.

These measures have been implemented successfully at post-primary since September 2020 and it is envisaged that they will operate successfully with the support of schools communities in the primary school setting. The education sector throughout the pandemic has consistently drawn upon public health expertise for the protection of the entire school community.

Question No. 331 answered with Question No. 329.
Question No. 332 answered with Question No. 329.
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