Brian Hayes (Dublin South West, Fine Gael)

The reason the Supreme Court found in favour of Ms O'Keeffe in terms of the costs the State would have to bear is the special circumstances of the case. It is clear from what the Chief Justice said in the judgment that the complex relationship between teachers, the Department of Education and Science and the boards of management warranted the bringing of a case to the Supreme Court for a decision.

The Minister has had time to consider the decisions from the High Court and the Supreme Court. What lessons can his Department learn about that complex relationship? The Minister and his Department, in effect, pay the salary of every teacher in the country, but they are contracted to individual boards of management. Given that relationship and the importance of child safety and protection, do we need to legislate to make it abundantly clear, once and for all, where responsibility lies?

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