Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I thank Deputies on all sides for the work that has gone into this Bill. When we brought it forward on Report Stage, we had a series of amendments that were well intentioned, but there was a need to take more time to consider what would meet the issues we had sought to pursue. That opportunity was taken in the Seanad and we are now back with an amendment that I think has a broad basis of support. The purpose of the amendment is to ensure a Gaelscoil or a Gaelcholáiste can give priority to a pupil who has a level of fluency that is consistent with him or her using Irish in his or her normal non-educational context. That level of fluency, of which the pupil or the parent would have to provide evidence, sets a high bar. It is not intended that a person would be able go to a naíonraí for a year or to the Gaeltacht and be deemed to have priority access to a Gaelscoil. This will apply to someone who is genuinely using Irish as part of his or her normal life. The belief on all sides was that such a pupil should have priority access to a Gaelscoil in order that his or her level of Irish would not regress. That is what we have done. We had to take care to ensure it would be legally robust because some of the phraseology used earlier as the thinking was evolving did fall foul of some requirements of the Constitution. We have amended it in such a way that we are satisfied it is robust and technically sound.

Senator Robbie Gallagher had sought an assurance which I gave to him that when we were setting out the procedures for section 29 appeals, we would set out additional guidelines for how the provision should be interpreted. We intend it to be a high bar. The Senator and others, including Deputy Éamon Ó Cuív, to whom I spoke outside the Chamber, wanted that assurance. We can give it through the procedures for section 29 appeals and the intention of the Oireachtas will be clearly conveyed.

I should mention that Seanad amendment No. 31 requires a small amendment to be agreed verbally. A new paragraph (h) was inserted. Because of that I have to name the next paragraph h(a). Amendment No. 31 made in the Seanad on Report Stage inserted a new paragraph (h) in section 62(7) of the Education Act which was inserted by section 9 of the Bill. That results in two paragraphs labelled as (h) in this section of the Act of 1998. Accordingly, I am requesting the Clerk of the Dáil to renumber the second paragraph (h) as paragraph h(a). This correction will have no effect on the wording or meaning of the text or provision, but it is necessary in order to avoid a numbering anomaly in the Bill. Amendment No. 31 provides that a Gaelcholáiste can give prior access to students of a Gaelscoil. This is already provided for in the case of feeder schools, but Senators wanted it to be written into the legislation and it was passed in the Upper House.

See this speech in context