asked the Minister for Education whether his attention has been called to a recent statement by Mr. District Justice Price at Bray District Court, when he told a defendant in a school attendance prosecution, that unless the latter was prepared to pay for a doctor's certificate to prove his child's illness, he would be fined; whether the defendant stated he was unable to pay the doctor; whether the District Justice ordered a fine of 10s. in the case; whether there is any provision in the law by which poor people can obtain free medical opinion in such circumstances, and, if not, whether he will consider introducing an amendment of the law so that such a hardship as that described above may be obviated.
CEISTEANNA—QUESTIONS. ORAL ANSWERS. - SCHOOL ATTENDANCE AND MEDICAL CERTIFICATES.
I have no information on the matters raised by the Deputy. I may say that there is no provision in the School Attendance Act which prevents a District Justice from accepting satisfactory evidence other than a medical certificate that a child has been prevented by illness from attending school. I am not aware that the demand for medical certificates has become sufficiently general to warrant an amendment of the existing law along the lines suggested by the Deputy. Apart altogether from the indefinite financial commitment of the State or local authority, I am not convinced that such amendment would not be productive of increased hardship and inconvenience.
Would the Minister say what is "satisfactory evidence," as I have had several complaints of a similar nature?
That is a matter for the District Justice. I have no authority in regard to it.
In this case the District Justice held that unless the man was able to pay ten shillings for a medical certificate he would have to be fined.
The Deputy will recognise that I cannot discuss the grounds on which the District Justice based his decision. If he thinks over it, he will see that there may occasionally arise a case in which the production of a doctor's certificate may be necessary. It may be necessary in one case out of fifty, but it may not be necessary in the other 49 cases. My fear is, apart from the cost to the local or central authority, that, if there is provision of this kind, it will probably lead to an increased demand for medical certificates. If the Deputy thinks it over, he will see that it would probably mean a great deal of hardship for the parents of children who get an ordinary attack of illness. In the case the Deputy mentioned I have no information. There may have been a conflict of evidence, and the District Justice was, perhaps, convinced that the only way to decide was by the production of a medical certificate. There is nothing in the Act requiring the production of medical certificates in cases where satisfactory evidence is given of the inability of children to attend school through illness.
Would the Minister, or the Minister for Justice, have this particular case investigated, as undoubtedly it is one of great hardship?
I do not know whether it is a case of hardship or not.
On the face of it, it is. I think the Minister for Justice might take some action in the matter.