Mary Hanafin (Dún Laoghaire, Fianna Fail)

This is another one of those occasions where there is cross-reference to the Education (Welfare) Act which states, in the context of a student being expelled and the 20 day period kicking into play, it is without prejudice to the right of a board of management to take such other reasonable measures as it considers appropriate to ensure that good order and discipline are maintained in the school concerned and that the safety of students is secured. The thinking behind the 20 day period is obviously to allow the National Educational Welfare Board an opportunity to find alternative provision for the student and that his or her rights are upheld.

The Education (Welfare) Act also ensures the rights of the school, the safety of the students, etc, must also be considered. If, for the safety of students or in light of a very severe incident, the school decides it will not hold on to the child for 20 days pending the expulsion, then it can take further action.

See this speech in context