Mary Hanafin (Dún Laoghaire, Fianna Fail)

There is absolutely no need to sign circulars into law. Over the years, the courts have clearly determined that rules, regulations and circulars have been given a legal basis and have the same understanding as if laid down in law. Where circulars have been issued, they do have a standing and status and must be implemented. The only development in the referred court case was that the court determined that there shall be a judicial review. No determination has been made on the merits or the value of the case.

The Minister of the day has the right to make rules. This goes back to the mid-19th century when rules for national schools were introduced. This was replaced with rules for national schools in 1922. In 1935 the Ministers and Secretaries Act put the drawing up of rules under the remit of the Minister for Education. The rules for establishing new schools make it clear that a school can only be recognised if it implements the curriculum. I have no concerns, therefore, with issued circulars and the legal basis which they hold.

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