Noel Dempsey (Meath, Fianna Fail)

I move amendment No. 119:

In page 15, between lines 22 and 23, to insert the following:

"(6) If the Council fails or refuses to make a designation under subsection (1) at the request of parents under paragraph (b) of that subsection or fails or refuses to make such a designation of a particular school specified in their request (if such has been specified), the parents may appeal to the Appeals Board against that failure or refusal.

(7) On the hearing of an appeal under subsection (6), the Appeals Board may -

(a) allow the appeal and give a direction to the Council requiring it to designate under subsection (1) a school or, as the Appeals Board thinks appropriate, the particular school specified in the request, or

(b) dismiss the appeal.

(8) If the subject of an appeal under subsection (6) is whether a particular school specified in a request of parents should be designated, the Appeals Board shall cause the board of management of that school to be made a notice party to the appeal and that board shall have the right to make submissions to the Appeals Board in relation to the matter (and subsection (5) shall apply for this purpose as it applies for the purposes of an appeal under subsection (3)); for the purposes of such an appeal the Appeals Board shall require the Council to indicate whether it would, if it were to designate the particular school concerned, make a recommendation of the kind referred to in subsection (2) and if it indicates that it would make such a recommendation, to specify the nature of it.

(9) The Appeals Board shall hear and determine an appeal made under subsection (3) or (6) within 2 months from the making thereof.

(10) The Council shall comply with a direction given to it under this section.".

See this speech in context