asked the Minister for Education whether it has been decided that a conscientious parent who in the exercise of his parental responsibility to protect his child's health refuses to send his child to a derelict school, or to one which he is advised by a competent medical authority is unfit for use because of its unhygienic condition and of the danger to the child's health, is liable to prosecution under the School Attendance Acts.
Ceisteanna—Questions. Oral Answers. - School Attendance Prosecutions.
The enforcement of the School Attendance Act is a matter primarily for the "enforcing authority" designated in the Act, i.e. the School Attendance Committee for the appropriate area in the case of the county boroughs of Dublin, Cork and Waterford and the borough of Dún Laoghaire, and the appropriate officer of the Gárda Síochána in the case of all other areas. The final decision rests with the court of jurisdiction. I have no function in the matter.
I am not aware of any decision of the nature referred to in the Deputy's question.
Does the Minister not agree that a parent has the right, in so far as parental responsibility goes, to refuse to send his child to a derelict school or a school in which the child's health would be jeopardised in any way?
I would not dispute parental rights of any kind, but, as I said to the Deputy, the enforcing of the School Attendance Act is one for the appropriate authority, and I am satisfied that the Act is administered in all cases with due discretion.
Where the State compels parents to send children to school up to the age of 14 years, surely the manager and those responsible have a duty to provide adequate and proper school buildings for those children? If the parents observe their part of the bargain, surely the State should insist that those responsible should conscientiously observe their part of the bargain?
I agree the State has such a duty.
Arising out of that, if the Minister tells us there are nearly 1,000 schools still derelict and unfit for human habitation and that from 40,000 to 50,000 children attend them, surely it is a very serious reflection on the Department, after 35 years of native government?
I would like to correct the statement of the Deputy when he deduces from replies I have already given that up to 1,000 schools are derelict and unfit for human habitation. Something in excess of 800 schools require replacement and the state of dereliction is not, as the Deputy suggests, such as would require immediate evacuation.
Presumably they have all been condemned by an appropriate medical authority.