Lucinda Creighton (Dublin South East, Fine Gael)
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Question 51: To ask the Minister for Education and Science if she will confirm that no regulations concerning the prescribing of the revised curriculum have to date come before the Houses of the Oireachtas; when she will do so; and if she will make a statement on the matter. [28342/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The revised primary curriculum was developed in partnership with key education interests by the National Council for Curriculum and Assessment and published and launched by my Department in 1999. A copy of the curriculum, in the form of 23 books, was issued to every teacher. Implementation has been effected on a phased basis, supported by national programmes of professional development for teachers, full details of which have also been communicated to schools at each stage of theprocess.

The curriculum provides an integrated programme of learning in the spheres of languages, mathematics, social, environmental and scientific education and so on. The curriculum in religion is developed by the various church authorities and not by the NCCA. All schools are required to teach all aspects of the curriculum in all grades from junior infants through to sixth class, inclusive. While flexibility is in-built to facilitate local choice of discretionary curriculum time, the curriculum sets out a suggested minimum weekly timeframe for each subject area. In the curriculum for each subject area, a set of learning objectives is set out for four groupings, namely, infant classes, first and second class, third and fourth class, and fifth and sixth class.

Regulations in the form of a statutory instrument to prescribe the revised primary school curriculum have not been put in place. The rules for national schools, together with Department circulars and documents issued to schools, constitute administrative measures governing the recognition, operation, management and conduct of national schools. While these rules, circulars and documents are non-statutory, they are lawful measures which have been judicially considered and accorded the imprimatur of the Irish courts on a number of occasions.

The Education Act 1998 provides the Minister with the power to make regulations relating to a range of issues concerning the provision of education by schools. I favour the incremental use of those regulatory powers where appropriate to replace existing rules, circulars and communications with schools.

Brian Hayes (Dublin South West, Fine Gael)
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The Minister will be aware of a recent case initiated in the High Court concerning Irish language immersion at a young age. While I do not wish to comment on the particulars of this ongoing case, the persons who brought the case have been allowed to have the matter dealt with further in the High Court. It came to attention early in the court case that at no stage since the revised curriculum was adopted by the Department and the Minister has it been given statutory effect by way of regulations. Is the Minister aware of any advice from the Department to effectively put the revised curriculum on a statutory footing?

I understand that on several occasions, officials in the Department have advised her to this effect, as highlighted by an investigative journalism report by TG4. Given the import of the curriculum and circulars that followed it since 1999, it would make more sense to put it in a statutory form to ensure its legal certainty.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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There is a value to putting circulars on a regulatory basis. As I stated, the curriculum is not currently on a basis of regulation. That does not mean it cannot be implemented, as can any of the other instructions given to schools. The High Court has found in the past that items such as circulars have legal effect. It would be valuable to put the circulars on a statutory footing, removing any legal uncertainty. At the same time, it does not take from the right of any Minister to issue circulars or instructions. We will be doing that.

Brian Hayes (Dublin South West, Fine Gael)
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The answer to the question is that the Minister has decided that on foot of the investigative piece by TG4——

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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No, it is not on foot of that.

Brian Hayes (Dublin South West, Fine Gael)
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It certainly looks like it. This story was broken by TG4 three weeks ago. Since then there has been much toing and froing and a court case has started. The Minister is now telling the Dáil she will put this on a legal basis. When will she do that?

Is the Minister concerned that some of the circulars following the revised curriculum in place since 1999 could now be legally defective? If this issue is applicable to Irish language immersion in gaelscoileanna, it must be applicable to other circulars which the Minister has failed to sign into law during her tenure.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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There is absolutely no need to sign circulars into law. Over the years, the courts have clearly determined that rules, regulations and circulars have been given a legal basis and have the same understanding as if laid down in law. Where circulars have been issued, they do have a standing and status and must be implemented. The only development in the referred court case was that the court determined that there shall be a judicial review. No determination has been made on the merits or the value of the case.

The Minister of the day has the right to make rules. This goes back to the mid-19th century when rules for national schools were introduced. This was replaced with rules for national schools in 1922. In 1935 the Ministers and Secretaries Act put the drawing up of rules under the remit of the Minister for Education. The rules for establishing new schools make it clear that a school can only be recognised if it implements the curriculum. I have no concerns, therefore, with issued circulars and the legal basis which they hold.

Brian Hayes (Dublin South West, Fine Gael)
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Did the Minister receive any advice from her officials that she should have signed the revised curriculum by way of a statutory instrument? When will the Minister place such a statutory instrument in the Oireachtas Library for the notice of Members?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Officials in the Department have been working for some time on the regulations for the primary school curriculum. The circular which I issued in the summer relating to teanga oideachais has sufficient basis and there is no need to put it on a statutory footing.

Brian Hayes (Dublin South West, Fine Gael)
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Did the Minister get advice on this?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I do not believe I have advice that I must put it on a statutory footing.