Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I acknowledge the presence of the Minister of State with responsibility in this area. I am raising this issue on behalf of 11 children attending Cloverhill national school. I first raised this issue with the Minister of State last August and highlighted that these children could not attend primary school in the town of Roscommon as there was physically no space for them. The schools in the town have stated to some of the parents that there is up to a three-year waiting list.

As a result, the parents of the 11 children residing in the town of Roscommon enrolled them in Cloverhill national school. The Minister of State responded to my representations in regard to each case stating that the child is "not basically eligible for transport under the terms of the scheme as the child is not attending their nearest school". However, the children cannot attend the nearest school because there is no capacity and, as a result, they have been refused admission. It is due to this fact that the parents are seeking the provision of school transport to Cloverhill national school.

The Minister has reiterated the response that the pupils are not eligible as they reside less than 3.2 km from the nearest school and he would argue that the school transport system was basically designed to cater for children in rural areas who, if living a long distance from school, might have difficulty in attending regularly. However, if children in urban areas require transport and the school they attend is the nearest school available to them and happens to be in a rural community, why cannot the system provide a service in the opposite direction, particularly if the primary purpose and objective is to facilitate regular attendance in school?

The Minister has stated that while it is the prerogative of parents to send their children to a school of their choice, it is not the objective of the school transport scheme to facilitate this choice. In this case, the parents have no choice because the nearest school is unavailable to them and the second-nearest school is also unavailable. The nearest available school is the one they are now attending. However, they cannot enrol in that school, so the decision of the Minister has been pointless to date.

While the Department claims there is no provision under the terms of the school transport scheme to provide transport in these circumstances, at present under the school transport rules the 3.2 km distance to the nearest school does not apply to a child who wishes to be taught through the medium of Irish, once the child is 3.2 km from a Gaelscoil. It is also the case that this rule does not apply to a child with a physical disability where the school cannot physically cater for the pupil. For example, if there are stairs in the school and no lifts, and the child is in a wheelchair, then the school is not determined as the nearest school for school transport purposes.

This is also the case with these 11 children. The nearest school cannot physically cater for the pupils. They urgently require daily transport to and from Cloverhill national school. Some of the pupils have already missed up to ten days attendance at the school because their parents do not have transport or are working away from home and, as a result, are unable to transport the pupils up to 7 km to school.

These children need to attend school and they have the right to do so. Eight of the families are already marginalised and disadvantaged at many levels — culturally, linguistically and economically. By not providing school transport, we are to deprive them further despite the examples I have given regarding the flexibility of the school transport service and the fact the nearest school cannot physically cater for them. The families have received written refusals from the principals of the local schools. The parents have no other choice but to bring them up to 7 km to the next nearest school, Cloverhill national school, which provides an excellent service with which the parents are very satisfied. However, children are losing out on attendance because they physically cannot get to school on occasion. It is not an acceptable situation.

As the Minister of State is aware, the vast majority of these pupils are migrants. They already have significant challenges to integrate within our community and additional barriers should not be put in front of them. I urge the Government to reconsider this matter.

Seán Haughey (Dublin North Central, Fianna Fail)
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I welcome this opportunity to outline to the House my Department's position regarding school transport to Cloverhill national school, County Roscommon. By way of general comment, I should explain that one of the main objectives of the school transport scheme is to provide a basic level of service for pupils who live long distances from school and who might otherwise experience difficulty in attending regularly. In order to be eligible for transport under the terms of the primary school transport scheme, pupils must reside 3.2 km or more from, and be attending, their nearest national school, as determined by the Department. While it is the prerogative of parents to send their children to the school of their choice, it is not the objective of the school transport scheme to facilitate that choice.

In August 2008, the Deputy informed my Department that a particular constituent was seeking the provision of school transport for her son to Cloverhill national school due to the lack of capacity in the local schools. The Department referred the case to Bus Éireann, which operates the school transport scheme, to establish whether the pupil met the criteria for eligibility on distance grounds. According to Bus Éireann, the child resides 1.4 km from the nearest school and 7.1 km from Cloverhill national school. The child is, therefore, not eligible for transport. Bus Éireann further advised that there is no service to either school from the area. The Department has already informed the Deputy that there is no provision in the school transport scheme to provide transport in the circumstances outlined by him.

While it is understood from the Deputy that school transport is required to Cloverhill national school due to capacity issues in the school nearest to the child's place of residence, the question of enrolment in individual schools is the responsibility of the managerial authority of those schools. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking places. This may result, however, in some pupils not obtaining a place in the school of their first choice.

It is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act. In this regard, a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group, or occasionally on the basis of some other criterion. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Under section 15(2)(d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure, as regards that policy, that principles of equality and the right of parents to send their children to a school of the parents' choice are respected. Section 29 of that Act provides parents with an appeal process where a board of management of a school or a person acting on behalf of the board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under section 29 of the Act to appeal that decision to the Secretary General of the Department of Education and Science. Following the determination of any such appeal, and in the event of the child being unable to secure an enrolment at the local school, the Department may review the procedures regarding the provision of school transport.

I thank the Deputy again for giving me this opportunity to explain the position to the House.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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It is a crazy, bureaucratic system.