Andrew Doyle (Wicklow, Fine Gael)
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Question 43: To ask the Minister for Education and Science the number of appeals made to his Department relating to requests to have local school decisions on expulsions and suspensions overturned in each of the past three years; the number of appeals that were ultimately upheld; and if he will make a statement on the matter. [44245/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Section 29 of the Education Act 1998 provides parents with an appeal process where a board of management of a school or a person acting on behalf of it expels or suspends a pupil for a period of greater than 20 days or refuses to enrol a student.

Concerning expulsions, a total of 91 appeals were lodged in 2006 and 69 of these went to hearing, of which 23 were upheld. In 2007, a total of 76 appeals were lodged and 55 of these went to hearing, of which 13 were upheld. In 2008, a total of 84 appeals were lodged and 76 of these went to hearing, of which 24 were upheld.

Regarding suspensions, a total of 8 appeals were lodged in 2006 and five of these went to hearing, of which one was upheld. In 2007, a total of 11 appeals were lodged and six of these went to hearing, of which three were upheld. In 2008, a total of 22 appeals were lodged and 14 of these went to hearing, of which nine were upheld.

The Education Act 1998 provides that parental and student grievances should, in general, be determined in the school concerned. However, specific provision was made in section 29 of the Act for an appeal to be made to the Secretary General of the Department of Education and Science against decisions by schools which concern the enrolment, suspension or expulsion of pupils. I believe that the intention behind this distinction in the legislation is clear. Suspension and expulsion are very serious decisions that can have a major impact on the education of individual pupils. In such circumstances, good governance provisions allow for a right of appeal against these decisions. The most efficient and effective means of doing so is for an independent appeal to a panel of people with the requisite experience of the types of issues that arise at these appeals.

While the legislation provides for an appeal to be made to the Secretary General of my Department, it specifies that it is to be heard by an independent committee appointed by the Minister. Each committee consists of a serving school inspector and two other people nominated from a panel appointed by the Minister. The committee members I have appointed, like those appointed by my predecessors, have essentially been people with previous experience and expertise in the educational field, including a significant number of former school principals with a particular understanding of how schools operate. This committee, rather than my Department, determines the outcome of the appeal. Furthermore, there is no provision in the legislation for the Secretary General or any other departmental official to modify or interfere with decisions taken by statutory appeal committees. The Secretary General of my Department cannot direct a school to enrol or reinstate a pupil unless an appeal under section 29 is upheld.

Brian Hayes (Dublin South West, Fine Gael)
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This is sending out a very bad message to schools. The Minister has just told the House that over the past three years, one has had a one in two chance of having one's suspension overturned by making an appeal to the Department of Education and Science. In the case of an expulsion, one's chance is better than one in four. That says two things. It tells me that the local decisions of schools about suspensions and expulsions are being second-guessed. It tells disruptive and unruly pupils that if they appeal local decisions to suspend or expel them to the Department of Education and Science, they have quite a good chance of having such decisions overturned. We are sending a very dangerous message to school authorities, which are in the best position to make the right decisions on the range of issues involved in these cases.

In light of the information the Minister has given me today and over the past few months, will he consider examining this issue again? His predecessor, the Minister, Deputy Mary Hanafin, introduced legislation in March 2007 to put in place a much tighter framework for ensuring that we support schools when they have to make decisions of this nature. We need to send a clear message to the tiny minority of students who engage in unacceptable behaviour in our school system that we will take a clear stance against it.

Batt O'Keeffe (Cork North West, Fianna Fail)
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One can make one's own case. One in four appeals has been upheld. Many cases - 40% of suspensions and 20% of expulsions - are resolved before they go outside the school. I wish to speak about the system that is in place. If a better or more efficient system were available, I would consider it. It is important to examine the structure of the appeals process. One makes one's appeal to the Secretary General of the Department of Education and Science, who establishes an independent committee, comprising an inspector from the Department and two other experienced people, to adjudicate on one's case. As this is a time-bound process. the committee has a specific limit on the amount of time it has to make a decision. The costs associated with the process are minimal. Generally speaking, we have to give parents the right of independent appeal. As it is happening in the health and social welfare systems, it has to happen in the education system.

Ulick Burke (Galway East, Fine Gael)
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When, after all procedures have been exhausted, it is impossible to accommodate or retain a particularly difficult student in the school where the original problems developed or in an adjoining school, does the Department of Education and Science have other facilities it can offer as an alternative to the standard school structure?

Brendan Howlin (Wexford, Labour)
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The Deputy is broadening the scope of the question somewhat.

Batt O'Keeffe (Cork North West, Fianna Fail)
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It is important to emphasise that each parent has the right to go to court. Deputy Brian Hayes suggested recently that parents should go to the High Court. I would like to give some comparative figures in that context. The facilitation cost of a section 29 appeal is €500. The price of a full hearing is €1,000. If a parent opts for a judicial review, he or she would incur a cost of €50,000, as would the school.

Brian Hayes (Dublin South West, Fine Gael)
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They would not go.

Batt O'Keeffe (Cork North West, Fianna Fail)
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It would cost €100,000 in all.

Brian Hayes (Dublin South West, Fine Gael)
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That is the point.

Batt O'Keeffe (Cork North West, Fianna Fail)
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Given that an independent process is in place, surely the Deputy is not trying to ask parents to bring cases of this nature to the High Court.

Brian Hayes (Dublin South West, Fine Gael)
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The Minister has it in one.

Batt O'Keeffe (Cork North West, Fianna Fail)
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The independent process is far less costly and takes less time.

Brian Hayes (Dublin South West, Fine Gael)
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They would not go. That is my point.

Ulick Burke (Galway East, Fine Gael)
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They would not go.

Batt O'Keeffe (Cork North West, Fianna Fail)
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A great deal of time and stress is involved for parents who go to the High Court.

Ruairi Quinn (Dublin South East, Labour)
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What about the cost?

Batt O'Keeffe (Cork North West, Fianna Fail)
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I thought it was a daft idea, to be honest. It would cost a great deal of money.

Ulick Burke (Galway East, Fine Gael)
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What about my question?