Jim Daly (Cork South West, Fine Gael) | Oireachtas source

Fáiltím an deis labhairt ar an mBille seo. I welcome the opportunity to speak on the Education (Admission to Schools) Bill before the House today, which is very welcome legislation. I acknowledge the work of the Minister in bringing the Bill before the House and that of his two predecessors, Deputy Jan O'Sullivan and former Deputy Ruairí Quinn, the officials in the Department of Education and Skills, and the members of the previous education committee, which debated many of the issues that are finally coming before the House in this Bill. The legislation is welcome across the board.

Legislation on education is always difficult because we can legislate for every eventuality but end up in a vicious cycle. It would be preferable if many of these issues did not have to be legislated for because we are dealing with challenging and changing times and if this Bill is an indicator of anything, it is of the significant shifts in society and in the population as a whole. The world we live in is constantly changing and we need an Oireachtas that can react to those changes. Not everybody will be happy with the result that finally comes about. Everybody has varying opinions but that is the challenge we face as an Oireachtas. I am glad we are stepping up to meet that challenge and making the best effort we can with this legislation. It is not perfect and it does not answer all the issues arising within the education sector, but it is a great start and it will go some way towards dealing with a number of them.

The Minister gave most of the detail in his opening statement to the House last night and identified the specific provisions. One or two of them have to be teased out in considerable detail on Committee Stage in terms of section 29 of the Education Act and the percentage, if any, for former pupils. Deputy Catherine Martin referred to amendments she intends to table and I am sure other amendments will be tabled also that will open up this legislation.

The Education Act was significant legislation and a game changer. I spent much of my life in the education sector and spent many happy years working in both the primary and secondary sectors. I was working in the sector at the time of the Education Act. It was an exciting time to be in education as there was an explosion in the emphasis on new models of teaching. The education of children with special needs came to the fore and it was an interesting and exciting time to be in the sector. That is a challenge that still faces us today and while we have made significant progress as a society, a Government, a Legislature and educators, many challenges remain but this Bill is a welcome start to meeting them.

We live in a diverse, pluralist society in which many views are held, including on the issue of religion. Admission to schools would become a problem with the explosion in the population and the imbalances in terms of development throughout this country. Those issues have posed many significant challenges.

I raise an issue that grated on me more than any other. I live in an area that does not have major issues with admissions based on numbers. Population pressures would not be a huge issue in the constituency I represent but I sat on many section 29 appeals boards during my time as a member of Cork County VEC, now the education and training board. I chaired many appeals at that time but it is very frustrating when a parent comes to one as a practising politician, and I am a parent, who cannot get their child who has special educational needs into the school because of those learning challenges. They cannot continue their education. To be fair, the primary sector is much more open, flexible and accommodating in terms of children with special needs learning in their own community. Those schools have made huge strides in dealing with the area of special needs but the secondary sector is significantly behind in that regard. A child with special needs has to leave their community and their classmates, having done well for eight years in primary school despite the significant challenges they faced, to try to get into secondary school but they cannot because of those very challenges.

I have tried to assist parents in this regard. I have dealt with schools and boards of management on many levels but we came up against the same challenge each time. The appeals were always only on the process. There was no room in the appeals system for the substance of the appeal. That is frustrating for the children but particularly for the parents who represent their children in the appeals system to their local secondary school. One can go through a number of different appeal processes but all of them result in the same outcome, namely, standing by the school as long as it adheres to the process. For example, a school can state in its admissions policy that it will not take any child with the surname Daly and as long as it is in its admissions policy, it can stand over that. All the appeals in the world will not allow that child gain access. It is disheartening and heartbreaking to see that happen at second level. The Minister referred to a suite of legislative measures coming up but that is the reason I have been championing for an education ombudsman since coming into this House and as a member of the previous education committee. An education ombudsman could deal with many of the issues that are arising here in that parents would have an independent authoritative body, which would be qualified in the area of education, to which they could appeal these decisions. When my proposal for an education ombudsman came before the House and got the support of all parties on Second Stage, it was the parents of children with special needs who responded the loudest and fastest to me to tell me that it was wonderful and a hopeful step for their children. Any parent will say that nothing is good enough for their child. They will do anything to help their child, particularly if they have learning challenges, and want to do all they can for them.

I very much welcome the proposal for a parents and students charter, which will be a substantive development in the education sector because we need to open up the schools. We should consider the number of people who are impacted by our education system, including the hundreds of thousands of students who attend it on a daily basis, their parents, brothers, sisters, grandparents, uncles, aunts and so on. Everybody is in some way impacted by the education system, and we all rely on it. Almost all of us go through the education system. It is a hugely important sector but it is so closed because of the archaic model of management that has evolved for historical reasons over the years. That has left boards of management isolated and closed and it has left parents at the front door, so to speak, as a result of what is an autocratic and sometimes cold system.

Many schools are doing wonderful work. I do not want to ever take from that but when something goes wrong, fails or when a parent or a child is let down, it is impossible to penetrate that. The Department has always taken a hands-off approach because of the historical situation that has arisen. Boards of management are unique in their isolationist approach. Each board can do as it sees fit as long as it is following its own guidelines. This legislation will go some way towards ensuring that schools have a responsibility to be more open and transparent and to reach out to parents. Having them involved in the parents and students charter will add to that.

The fitness to practice section that will come under the Teaching Council is another one of these steps in the suite of measures announced to try to open up the entire system to more accountability. There is nothing to be ashamed of in our education system. We have a fantastic education system and we should be very proud of it. Individual schools should be enormously proud of what they do. They should not fear any of these measures because they are designed to embrace the talent available in the pool of parents, and parents will do anything for their children. The argument is often made that we cannot put pressure or more regulation and rules on boards of management because they are voluntary and it is difficult enough to get parents to go on schools boards of management. I reject that argument out of hand. It may happen that a very small school can be deprived of talent but in most cases parents would love to be a part of their children's education and the opportunity to be part of the board of management and contribute in some way to the education of their children. They are more than willing to do it and there are an amazing skills set in that parent body, but for reasons of fear and so on many schools stick to the tried and tested method of using the same few parents time and again.

Opening it up there will make it much more real, beneficial and fruitful for everybody. As already stated, the key issue here is to break down that barrier for children with special learning needs who want to continue their education in their communities and access their local schools, particularly at second level where there is an acute issue.

We will tease this matter out somewhat more on Committee Stage to ensure - the Minister has already made provision in this regard- that a school can appeal. Of course, a school can appeal the decision. Regardless of whether it is a school, a child or whomever, there should be a right to appeal provided all involved - not only the school - have their rights vindicated. What this Bill sets about is the vindication of the rights of the child who wants to go to a particular school. Of course, a school can have legitimate reasons - much of which may be down to resources - for not being in a position to admit a child.

I particularly welcome the aspects of this Bill that deal with schools charging fees. This is an issue that has grown exponentially in recent years. One hears bizarre stories about the efforts to which schools go to raise moneys from parents, the bills that are being sent out at the start or, in some cases, the end of the academic year, the lengths to which some schools go to apply pressure on parents to pay and the reminder letters, further letters and warning letters that are sent out. All of this needs to be regulated. There should not be such a system and schools should not be obliged to rely on it. Barnardos has been consistent on this matter and has raised it on numerous occasions. In fairness, it does so every year. Barnardos has done its homework. From memory, €103 million is the figure Barnardos puts on ensuring totally free schooling for our children. In the greater scheme of things, given that the entire education budget is €8.7 billion, it is not a lot of money. On its own, of course, it is a large amount. It is something in respect of which we should have ambition. If we are true to the principle of free education, we should stand over that. I do not doubt that liberties are being taken on all sides. What is proposed will increase the accountability, the openness and the transparency of the system. The only ones who will win are those who are in the system - teachers, pupils, principals and boards of management. There will be more of a framework set out. Obviously, the Department will have a role in providing much assistance to the different schools to advise them on how to deal with the various new issues that will arise. Change is often difficult and can be a matter of concern. However, change is what legislators have to drive through.

I compliment the Minister on his ambitious education action plan. While he is a party colleague of mine, I still have independence of thought enough to say it as I see it. The Minister had a successful term in his previous Department and the action plan he introduced there served us well. The action plan and the ambition the Minister is bringing to the Department of Education and Skills are welcome within the education sector. I have real hope and confidence that there will be many benefits for all the users of the system for decades to come as a result. I look forward to working with the Minister and the other members of the Select Committee on Education and Skills in progressing this legislation.

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