Batt O'Keeffe (Cork North West, Fianna Fail)

This case was handled by the State Claims Agency on behalf of the State. There had to be a court hearing in respect of costs as the plaintiff sought costs against the State.

It is normal for the State Claims Agency to seek costs where the State's case is upheld, which was the case in this instance. The State was not found liable by the High Court or the Supreme Court. The Supreme Court was told by counsel for the State that while an award of costs against the plaintiff was being sought, the matter of enforcement would be treated with the greatest sensitivity.

My Department cannot sustain a position whereby persons can take cases against the State on the basis that, win or lose, they will get their costs. Our desire is to find a fair balance between the need to protect the taxpayer against costs incurred defending cases where the courts have decided that the State has no liability and to treat individuals humanely at the same time. The decision of the Supreme Court was that no order for costs should be made, in effect, each party bearing their own costs. The judgment determined that the case was a test case and that there were exceptional reasons the normal rule of costs following the event should not be followed.

My Department has no involvement in the day-to-day management of national schools. Teachers are selected, appointed and employed by the school authorities, normally boards of management which are appointed by the patron. The judgment of the High Court which was upheld in the Supreme Court reflects the reality of the relationship between the Department, schools and teachers, essentially as set out in the Education Act 1998 and, therefore, has no implications for Irish education.

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