Paul Gogarty (Dublin Mid West, Green Party)
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Question 30: To ask the Minister for Education and Science if she has carried out or will carry out a full investigation into revelations that a publicly-funded third level institution has been engaging in research in primary schools during school hours on behalf of commercial clients, in some cases without the sanction of parents; her views on such exploitative practices in general; if she intends to ban such commercial abuse of children; and if she will make a statement on the matter. [26442/06]

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 31: To ask the Minister for Education and Science if she has requested or received a report from the schools involved in the testing of certain foodstuffs on their pupils in collaboration with a third-level educational institution. [26441/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 30 and 31 together.

My Department has not received a written complaint about this issue.

Under Section 15 of the Education Act 1998, the board of management is the body charged with the direct governance of a school and is therefore responsible for making decisions on the types of activities in which the school gets involved. Clearly there are two different issues here — commercial links between companies and schools and food-testing in schools.

General commercial links include a wide range of activities. A school may be delighted to benefit from the sponsorship of its football kit by a local business or the provision of work experience opportunities for its students. Clearly, there are other far more sensitive issues and this is why my Department's circulars, while entrusting the school authorities with deciding which activities to engage in, explicitly require them to ensure that pressure is not placed on parents to buy particular products.

My Department's concern is to strike a balance between allowing schools to benefit from positive links with businesses and protecting children and their parents from inappropriate marketing. The decision as to whether to accept sponsorship, partake in promotions or engage with research is one for the board of management. Naturally, the board should only engage in activities that are in the best interests of its students.

I was surprised to hear that food was being tested in primary schools. Food companies have plenty of opportunities to test their products in supermarkets with the children's parents present to decide what they want their children to eat, being mindful of allergies and healthy eating objectives etc. My Department has not received any written complaints from parents in the schools involved and if a parent has a difficulty with such activities the matter should be raised with the board of management of the school. Nonetheless, I believe that boards should be wary of getting involved in such activities, particularly given that each child has different dietary requirements.

My officials have been in touch with the Dublin Institute of Technology regarding this practice and have been assured that in any future activity of the Dublin Institute of Technology Food Development Centre that involves food testing by school pupils, it will request the written approval of parents.

Paul Gogarty (Dublin Mid West, Green Party)
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This laissez-faire approach is, in effect, allowing our children to be abused. We have heard of child sexual abuse and other emotional abuse and this is commercial abuse. The Minister and the Minister of State, Deputy de Valera, should give consideration to introducing regulations. With or without parental consent, commercialisation in schools is a scandal. Will the Minister issue real and effective guidelines, as she does with curricula? Boards of management must teach the curriculum as well as anything else. Advertising in schools is becoming endemic.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It does a grave disservice to those who have been sexually abused to compare it to commercial abuse. I am appalled to hear Deputy Gogarty make the comparison.

Paul Gogarty (Dublin Mid West, Green Party)
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It is not on the same scale but it is abuse nonetheless.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Circulars on the promotion of commercial products have been issued by the Department since the early 1980s. One addressed the promotion and marketing of commercial products throughout schools and asked boards of management to be careful in this regard. My Department met the INTO prior to this matter arising and discussed in detail the need to consider guidelines for schools, particularly for commercial schemes. Many bodies are cashing in on this. We do not wish schools to feel under pressure to participate in such a scheme. In working with the INTO we indicated we may revise the guidelines before the next school year.

Olwyn Enright (Laois-Offaly, Fine Gael)
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The Minister states she has not received any written complaint from a parent but serious questions still arise. The Minister may recall the issue of food availability with regard to public private partnership schools. In the first schools of this type the contract allowed them to serve fast food. The Minister is making changes to the contracts of the next cohort of these schools. The nutritional value of the food tested is a concern. I believe the foods tested included crisps and burgers, which are unsuitable for the school environment. Will the Minister consider giving policy direction to schools regarding the nutritional value of food, as distinct from research and testing of foods? Does the Minister know if the market research took place during school hours? Were the children taken out of class for this research or did it take place after school time? Were the schools involved offered payment? Was the consent of parents sought each time?

If a child had a peanut allergy and traces of nut remained in the food, has the Minister received legal advice on who would be responsible? Would legal responsibility rest with the Department or the board of management? Guidelines are necessary so that boards of management know their legal responsibility.

One would have more faith in an institute of technology but nothing is stopping the producer of particular food products carrying out research another time. Schools must be more aware and I urge the Minister to liaise with schools, through management representation bodies, to ensure greater awareness.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I agree with Deputy Enright's point that one would have more faith in an institute of technology. The Dublin Institute of Technology Food Product Development Centre is highly regarded. It supports the Irish food industry in analysing current trends. It tests food in a variety of ways but I do not accept that it must do so in schools. Pupils may have allergies and may be tempted by certain foods.

Approximately six schools were involved in this test. According to the Dublin Institute of Technology and the principal of one of the schools the test was used to teach science and research. The school made no financial gain. Dublin Institute of Technology runs the centre on a not-for-profit basis. Irrespective of the use of the test by the schools, it is not appropriate to carry out such tests in schools.

Concerning public private partnerships, school management will control the type of vending machines in schools.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Did the testing take place during school time?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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My understanding is that these tests were carried out during school time. The Dublin Institute of Technology indicated the schools used the tests as an introduction to science and scientific research. I do not approve of it and it is unnecessary. Many opportunities exist where parents are present, particularly given the sensitivities involved.

Paul Gogarty (Dublin Mid West, Green Party)
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The connection between sexual or emotional abuse and commercial abuse is one of degree but does the Minister not agree that commercialisation of schools is an exploitative and abusive practice? Children have a right under the Constitution to an education that allows them to become free-thinking, independent-minded citizens who can contribute to the economy. Any commercialisation at a vulnerable age affects that.

Many parents feel obliged to support such commercial ventures because of the lack of funding provided by the Department of Education and Science. An example is the end of the physical education and sports grant, which enabled schools to buy physical education equipment. McDonald's now provides corner flags with the McDonald's logo, enabling schools to participate in sport. One must spend thousands of euro to receive a computer under Tesco's computers for schools programme. It is high time somebody in Government, particularly the Minister, showed leadership on this issue by setting down clear regulations and guidelines, rather than leaving it to hard pressed boards of management and parents who are trying to do the best by the children and schools by securing funding through whatever means. In this context will the Minister acknowledge that funding is required from the Department for the schools and that clear guidelines and binding regulations are also required?

Olwyn Enright (Laois-Offaly, Fine Gael)
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On the issue of parental consent, does the Minister know whether parents were contacted by the schools before this was carried out? Will the Minister reconsider the idea of giving guidelines on the type of foods available in schools and the relevant standards? The HSE and the health promotion unit will do a certain amount in that regard but has the Department considered doing that?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I will leave nutrition advice to the experts in nutrition. It is certainly a key element of social, personal and health education, with much input from various dietary experts who have given great support to schools in this regard. I understand that a general approval was given rather than a specific approval for individual events. This testing does not appear to have gone through the board of management. I do not know the situation in all the schools; I am just picking up information on it. However, any such activity should always be with the support and the specific approval of parents. I still do not believe in testing food products in schools.

In response to Deputy Gogarty's point, one cannot isolate children from the commercial world.

Paul Gogarty (Dublin Mid West, Green Party)
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One can try to protect them.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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No, one tries to get them to understand it. Their lives are not blocked off from advertising on television. That is the commercial world. Many children will go on to work in business and benefit from business. They need to understand the business world. There can be positive links between schools and businesses. One sees it particularly at second level, through work experience, the schools and business initiative and schools working with business groups at all levels. That cannot be cut away from children.

Paul Gogarty (Dublin Mid West, Green Party)
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It can be regulated.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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What is important, with regard to any activity in which children are, is that parents do not feel under undue pressure to become involved. With regard to funding for schools, the capitation grant has increased substantially in recent years and is very generous now compared to what it was just a few years ago.

Jan O'Sullivan (Limerick East, Labour)
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It does not cover everything. Schools are still obliged to fund-raise.