Billy Timmins (Wicklow, Fine Gael)
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Question 102: To ask the Minister for Education and Science if her attention has been drawn to a no running policy in school yards being adopted by some schools; and if she will make a statement on the matter. [6502/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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It is my view that it is important for children to avail of the opportunity to exercise at school and that children should be able to run and move freely in the school yard unless there are very compelling reasons for individual schools to prohibit such activity.

The Safety, Health and Welfare at Work Act 2005 sets out the responsibilities on individual school management authorities to have a safety statement in place in their schools. It is also a matter for school authorities to determine school policies, taking into account any health and safety risks to children running in the school yard and to put appropriate safeguards in place to mitigate any potential risk to the school community.

As part of the management of the risks, there is an onus on boards of management to ensure, as appropriate, that they have put in place comprehensive insurance cover for schools. Boards are advised by my Department to ensure that all such insurances are effective and maintained as are necessary to safeguard the school, the board and the trustees against all public liability.

A key element of the management of the risks is ensuring there is adequate supervision of pupils in school yards. The Education Act assigns each board of management and principal teacher responsibility for the day-to-day management of schools. School principals are obliged to organise supervision for the order and general behaviour of pupils during school hours. In particular, they should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal. While the Department does not issue specific guidelines on requirements for supervision of pupils of different ages, it acknowledges that the degree of supervision required of school authorities varies with the circumstances, including the age of pupils.

While appreciating that it is not always possible to eliminate all risks, it should nevertheless be possible to manage them in such a manner that pupils can run in school yards provided it is done in an orderly and supervised manner.

Brian Hayes (Dublin South West, Fine Gael)
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Will the Minister outline, from her experience of the reporting of this issue by colleagues on all sides of the House, how widespread is this problem? It was brought to my attention by a number of parents in recent months. Will she agree at the very least that an audit should be undertaken to ascertain how widespread this issue has become? This must be the most bizarre new practice in our schools that children are being prevented from running in a school yard because of fear of litigation. It is a scandal. If that fear exists or if cases have been taken, surely there is an onus on the Minister and her Department to introduce composite insurance cover for schools to ensure actions cannot be taken against individual schools. Will the Minister arrange for an audit to be conducted in this regard? Will she consider the production of guidelines in this respect? Schools need to know that such a policy is not acceptable. We are trying to tackle obesity among children and ensure that children can remain children for as long as possible and now this practice is creeping into the school system. It is unacceptable.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am not aware that such a policy is widespread. It was only one school that came to my attention in this regard. There is no record in the Department of complaints from parents in this respect. I do not believe such a policy is widespread. Where it exists, it is based on fear rather than a genuine reality that children will pose a grave danger to themselves.

The adoption of a "no ball" policy in one school was reported recently where children were not allowed to play in the area because of the grass being out of bounds or some other reason, but that is different from children running around a school yard. I see no reason for such a policy.

There is a supervision package in place where teachers are able to supervise children before and after school and during break-time. That supervision package in one year alone cost €54 million. Therefore, the supervision aspect is covered. All the schools have public liability insurance. Therefore, the insurance aspect is covered. The upgrading of play areas has been happening over a number of years, not only through our building fund but through CLÁR and RAPID. Money has been allocated to even the smallest of country schools to enable them to upgrade the surfaces of playgrounds. Last year alone 447 schools were provided with outdoor play areas. Therefore, it is not as if the bad condition of the play area could be a cause of concern. In terms of the play area and the supervision and insurance aspects, there is no reason for a "no running" policy to be in place.

Brian Hayes (Dublin South West, Fine Gael)
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Will the Minister agree she would be doing a service to all schools if she wrote to the principals and boards of management informing them of her comments and views on the matter to ensure if there is, to use the phrase, any lingering animosity on this policy, it is cleared up by her comments?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am not sure it is necessary to write to every school in the country about something that only one or two schools are doing, but I am sure because of the interest that will be taken in Question Time today that they will all get this strong message.

Brian Hayes (Dublin South West, Fine Gael)
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I would not bet on it.

Brendan Howlin (Wexford, Labour)
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I am sure the Minister is right.