Dáil Éireann Debate, Tuesday - 29 May 2018
241. Deputy Michael Fitzmaurice asked the Minister for Education and Skills further to Parliamentary Question Nos. 103 of 30 November 2017 and 151 of 12 December 2017, the action he would take in the case in which a patron has removed an individual board member from a board of management without his consent; and if he will make a statement on the matter. [23295/18]
Amharc ar fhreagra242. Deputy Michael Fitzmaurice asked the Minister for Education and Skills further to Parliamentary Question Nos. 103 of 30 November 2017 and 151 of 12 December 2017, the standing of the board of management of a primary school in which the school patron removed a member of the board and replaced them with a new member without his consent by the school's patron contrary to the provisions of the Education Act 1998; and if he will make a statement on the matter. [23296/18]
Amharc ar fhreagraI propose to take Questions Nos. 241 and 242 together.
Section 14 of the Education Act 1998, provides that the appointment of a Board of Management of a school is a matter for the relevant school patron.
Section 16 of the Education Act 1998 provides that the patron may, either dissolve a Board if they are dissatisfied that the functions of a Board are not being effectively discharged or in the case of an individual member of a Board, the Patron with the consent of the Minister, for good and valid reasons may remove a member from a Board.
In circumstances where a Patron proposes to remove a member of a Board they must follow the process set out in the Education Act which provides for an opportunity for the board member concerned to make representations to the Patron. The Patron may still decide to remove a member of a Board thereafter having considered any representations made and subject the approval of the Minister.
The Governance Manual for Primary Schools 2015 – 2019, published by my Department sets out the various rules for the composition and operation of Boards of Management including the appointment and removal of members of the Board by the Patron. The Governance Manual also provides guidance in relation to situations where a serving board member may become ineligible to serve on a board.
