Dáil Éireann Debate, Tuesday - 1 February 2022
482. Deputy Denis Naughten asked the Minister for Education if she will provide a list of Acts or sections or other provisions of Acts for which a commencement order has yet to be signed in her Department; the reason for the delay; when commencement orders will be signed; and if she will make a statement on the matter. [4757/22]
View answerThe details of sections of Acts under my Department's auspices which have not been commenced are set out in the table below.
|
Act |
Section(s) |
Details |
|
Education (Admission to Schools) Act 2018 |
Sections 9 (67-70), 12 (b) |
Section 12(b) – repeal of section 10 of the Education for Persons with Special Educational Needs Act 2004 required for commencement of section 67 Section 67 – Designation of school by Council or Child and Family Agency Section 68 – Direction to board and appointment of independent person by patron Section 69 – Direction to board by Minister Section 70 – Request to patron by Minister – may request that the patron directs the board to comply
New school admissions processes were implemented for the first time for admission to schools in September 2021 in accordance with the requirements of the Education (Admission to Schools) Act 2018. Patrons and schools required some time to fully revise their admission policies and implement necessary changes before the remaining sections were commenced. The Department was also mindful of the ongoing challenging environment that schools were currently operating in during the pandemic. The Department is planning to progress further commencement of the act in 2022. |
|
Education (Miscellaneous Provisions) Act 2007 |
Sections 1, 2, 8, 9 |
Section 1 relates to definitions. Section 2 relates to a textual amendment of a definition contained in the Education Act 1998. Section 8 is the standard expenses provision. Section 9 relates to the short title, citation and commencement. |
|
Education for Persons with Special Educational Needs Act 2004 |
Sections 3-13, 14(1)(b), 14(1)(d), 14(1)(e), 14(1)(f), 15-18, 38 and 39 |
The sections of the EPSEN Act that have not yet been commenced are those mainly concerned with the assessment of need process, preparation and review of individual education plans and the associated appeals provisions in relation to these areas. A small number of sections refer to interaction between the NCSE and the health services.
At the time of the Act coming into being, the cost of implementing the remaining sections was estimated at a prohibitive level. In addition policy in the area of special education has significantly developed in the intervening period.
A review of the EPSEN Act is taking place in 2022 to provide assurance that there is an adequate legislative basis for the educational provision, both current and planned, for children with special educational needs. The outcome of that review, which is expected to be completed in Q1 2023 will determine any changes to the Act if required. |
|
Teaching Council Act 2001 |
Sections 37 and 39 |
These sections relate to information to be furnished to the Council by the employer in cases of dismissal or resignation (Section 37), and the continuing education, training and professional development of teachers (Section 39).
Section 37 is expected to commence in 2022.
Consideration of progressing Section 39 will be made in the context of the ongoing development of Cosán, the Teaching Council’s Framework for Teachers’ Learning. |
