Mary Hanafin (Dún Laoghaire, Fianna Fail)

The Deputy asked about property and cash. It was broken down as follows — cash contributions of €41.14 million; provision of counselling services, €10 million; and property transfers of €76.86 million. The cash and counselling contributions of €51.14 million have been received in full. The property transfers of €66 million and cash in lieu of property of €10.7 million — which amounts to €76.7 million — have also been agreed. The balance of €160,000 is to be settled shortly. Some properties are still held up with the commissioners for charitable bequests whose consent is required before the transfer of title can be effected. We are anxious to get our hands on that property quickly, once the legal issues have been dealt with, because a number of schools are awaiting the transfer. There is no difficulty with it, however. I wish to clarify also that the value assigned to those properties is the value at the time of the agreement, not the current value. Therefore, it is not as if we are going to get any less property just because it has not been transferred to date.

There is a significant difference between the State's responsibility concerning day cases and residential cases. Children placed in industrial schools and other institutions were taken away from their families, who had responsibility for care and protection, and the family unit was not available to them. When children did not have that care and protection the State had a responsibility to ensure they would be adequately cared for in State care. The State had to make amends when children were abused in those institutions.

The day care school system is quite different because the education system is structured on the basis that schools are run by local management which has legal responsibility and a duty of care for pupils. With the exception of pay issues, the recruitment, appointment, discipline and dismissal of teachers in an individual school is a matter for the board of management. This has been clarified in the courts by three different High Court judges in four separate cases. The responsibility of the State is very different in a day school than in residential care.

Schools have a serious obligation relating to child protection guidelines which have been issued to schools along with training for staff. New teachers are vetted as are other staff working in schools from this year and we are working towards the vetting of existing teachers. The protection of the child is crucial in every school.

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