Ms Áine Lynch:

I was asked about an expansion of the powers of the Garda Síochána and the HSE. We are seeking greater clarity and possibly regulation. It has been suggested this should happen where a student entering a school could have a seriously detrimental effect on the safety of other students and-or staff. If so, we question who in the Garda and the HSE would make these decisions, how they would be made and on what they would be based. As there is no clarity on what this process would entail, we cannot support its inclusion. The effect of a refusal of enrolment in a school because of a decision on the level of impact on staff and other children, thereby labelling the child and family and possibly affecting enrolment in other schools, would be significant. More detail is necessary.

The Deputy asked us to expand on section 29. If many of the Bill's provisions were implemented in schools, the need for appeals would be lessened, as the provisions would tighten current processes. However, where a parent believes a school's admission procedure does not comply with the legislation or has not been applied to his or her situation, he or she must have somewhere to be heard outside of the school if the local appeals procedure has already been exhausted. We are not saying someone who does not get his or her first choice should be able to appeal the decision. The sense is that an appeals mechanism is being considered under head 9 and the powers of the National Educational Welfare Board, NEWB, and the National Council for Special Education, NCSE. It may be expanded on to deal with this matter. I take the point that the Minister or patron could apply the ultimate sanction and put in place someone to make these enrolment decisions, but if there is no independent appeals mechanism for parents to be heard, how will we become aware of issues in schools?