Jim Daly (Cork South West, Fine Gael) | Oireachtas source

It was sought by the Minister, through the Department. The Minister requested that we do that and I resent it.

On the question of advocacy, an ombudsman - who is an expert in education - could challenge and take on the Department. Many of the contributors made reference to the role of the Ombudsman for Children, who is very protective of his own patch and who does not want an ombudsman for education to be established, for a variety of reasons. He sees it as a threat to his role.

I would make the point that it is not a threat and is there to encompass all. It has been widely acknowledged, including by the Minister, the Department and the Ombudsman for Children himself, that his remit is very narrow when it comes to dealing with education complaints. Anybody who takes the time to look at his report and to peruse the various complaints will see that the percentage of education related complaints is huge, at more than 50%, but the amount of such complaints that he investigates and which are within his remit is minuscule. That is the issue that brought this Bill about. In the context of the legislation I am putting forward now, about four years ago I produced legislation to widen the remit of the Ombudsman for Children to incorporate education matters but that legislation was not accepted. The office still has a limited remit and this has been acknowledged. It is acknowledged in the student charter, which aims to broaden his remit to enable him to adequately address education matters.

It is no surprise to me that Education and Training Boards Ireland, ETBI, is showing a much more open welcome to this. I am interested in the level of consultation that took place within the ETBI. The ETBI is head and tail above every other sector in the education sphere when it comes to accountability, transparency and levels of governance. It is possible to appeal the decisions of the various management bodies of the ETBI. If an individual takes issue with a decision of the board of management of a local school, he or she can appeal that to the ETBI governing body. I have sat on enough of those appeal boards to understand that process. The ETBI also has section 29 appeals already in operation. In that context, I am not surprised that the ETBI has demonstrated an openness to this because its members are much further down the road.

In terms of decisions of the boards of management, there is no appeal mechanism for anybody who has an issue with those decisions, whether that be a teacher, an SNA or a parent. The only way to appeal a decision of the board of management is to go to court but the vast majority of people do not have the wherewithal to do that. In this country, one can appeal a parking ticket but one cannot appeal a decision that is taken about one's child or one's career as a teacher by a board of management. There is nowhere to go. If one writes to the Department in that regard, one will be told that it has no role or function in that area. If one writes to the patrons, they will absolve themselves of any responsibility too. I have seen cases where parents were feeling deeply frustrated but if they were to write to the Minister, he would tell them that he has no role or function in the governance of the boards of management and that they are independent entities. The only avenue is the courts. In that context, an ombudsman would be very helpful.

I would be one of the first to acknowledge that boards of management are voluntary in nature and the contribution made by their members is superb. However, that is not a reason for us, as a society, to shy away. We have seen problems in recent times with boards of management when everybody was not 100% open and transparent. I accept that people are giving of their time voluntarily but I know lots of parents who would love to get on to boards of management but cannot do so because of the membership structures.

Most parents are happy to contribute to the well-being of their children and their educational welfare. There is a lot of generosity from parents who have many skill sets and are happy to sit on boards of management and offer their time and service. That is not a reason for us, as a society, to take a hands-off approach to how they function and are managed.