asked the Minister for Justice if instructions will be issued to school attendance officers and the Gárda not to prosecute under the School Attendance Act, 1926, parents who, owing to unemployment and various other causes, are unable to buy clothing for their children to go to school.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - SCHOOL ATTENDANCE PROSECUTIONS.
It does not appear to be desirable that instructions of a general kind such as that referred to in the Deputy's question should be issued to the police engaged in the work of enforcing the provisions of the School Attendance Act.
Section 4 (1) of that Act provides that the parent of every child to whom the Act applies shall, unless there is a reasonable excuse for not so doing, cause the child to attend school in accordance with the provisions of the Act.
Under Section 4 (2) (d) it is a reasonable excuse for failure to comply with the provisions aforesaid if a child has been prevented from attending school by some sufficient cause.
It is open to the parent of a child to inform the police of any special circumstances which he may consider a reasonable excuse for the non-attendance of a child at school, and should the case come into court the question as to whether the cause which prevented a child from attending school was a reasonable one is a matter for the District Justice.
Would the Minister give instructions to the Gárda Síochána that the want of clothing for children should be considered a legitimate excuse for non-attendance at school?
Strictly speaking, of course, that would really be a matter for the magistrate to decide, but of course if the children are in such a condition that they cannot go to school no attempt will be made to enforce the Act.