Charlie McConalogue (Donegal North East, Fianna Fail)
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6. To ask the Minister for Education and Skills if she will put in place an appeal mechanism to facilitate, review and change outcomes generated by the nearest school rule under the school transport scheme, which families affected by this rule consider to be inefficient and unfair; her views on the particular circumstances of a decision referred to in a previous Parliamentary Question (details supplied); if she will allow for an appeal of the decision; and if she will make a statement on the matter. [15506/15]

Damien English (Meath West, Fine Gael)
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While it is the prerogative of parents to send their children to the school of their choice, eligibility for school transport is determined by the nearest school, having regard to ethos, language and special needs. From the outset of the scheme, the measurement of the shortest traversable route from a child's home to the relevant education centre has been used to determine whether a child qualifies for school transport based on the distance criteria. This approach is applied equitably and impartially throughout the country, including in the specific case referred to by the Deputy. The school transport appeals board, which is independent of my Department, determines appeals against decisions made by or on behalf of the Department regarding the provision of school transport services and grant aid under the terms of the scheme. The appeals form is available on my Department's website.

Deputy McConalogue has claimed that the scheme is inefficient and unfair. The rules of the scheme were changed in budget 2011 but the changes were not implemented until the 2012-13 school year to give parents advance warning. The scheme was introduced with the aim of achieving cost savings and to better manage the system. Many parents might regard the changes to the criteria as unfair if their children are already attending a certain school. Eligibility is now based on the closest school, which is the most efficient way to fund transport on behalf the taxpayer. It is a parent's prerogative to chose a different school but the scheme cannot continue to fund transport to any school they might chose.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I understand that any appeal must be decided according to the criteria set out by the Department of Education and Skills. The appeals board would consider the criteria and rules, and if a decision by Bus Éireann meets the criteria, the board cannot change it. Is my understanding correct?

Damien English (Meath West, Fine Gael)
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The appeals board uses the criteria that have been set out. It is necessary to have a system.

Charlie McConalogue (Donegal North East, Fianna Fail)
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Since the Government changed the rules in 2012, I have raised numerous cases in which the rule was unfairly applied. Even in cases where older children in a family have qualified for transport to a certain school, younger siblings are required to attend a different school if it is closer or else pay €350 per year to take the same bus as their older brother or sister.

That is an exceptionally unfair and unjust position in which to put many of those families. For families which do not have the money, it is an excruciating decision whether to allow a child to go with his or her older brother or sister and stump up the €350 or to send the child alone to a different school.

The specific instance to which I refer relates to a decision by Bus Éireann in recent weeks in respect of the Urris area in County Donegal and using what is called Mamore Gap, a mountain road 800 ft above sea level. Despite the fact it is just beside the coast, it is not passable for most of the winter. For those families to continue to go to Carndonagh community school, to which they have always had transport in the past, they will have to pay €350 per child or €650 per family if there are more than two children in the family. Currently, there are no means by which unfair decisions like that can be addressed by the Department. I am asking the Minister of State to look at the circumstances of that case to try to ensure that common sense prevails. In other instances, of which there has been a number, he should try to bring some sense to the situation and not continue with the head-in-the-sand approach we have seen over the last two or three years.

Damien English (Meath West, Fine Gael)
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I am familiar with the case and have answered parliamentary questions on this before. The Deputy keeps saying it is unfair. The scheme, the system and the policy have to be fair and equitable throughout the country. The same rules are applied across the board. Bus Éireann operates on behalf of the Department and has measured this route and has picked the shortest route. That is the criteria and the job Bus Éireann does and it is implemented across the country. The local inspectors will make recommendations as well, and that is key.

The Deputy says this is unfair. It is going to be complicated in the first seven or eight years when one changes from one system, based on catchment boundaries, to a new system. The new system is probably more logical but it is complicated because there are families which already started under the old criteria. There is no doubt it is complicated for families. We know that. However, a decision was made to make this the most efficient way to provide a service on behalf of the taxpayers and people of this country and to ensure those who needed bus transport to their nearest school would get it. It has been implemented across the board. Some 63,000 people availed of that in the last year alone, and the system is fair. It might be difficult and more complicated for families to which two sets of rules apply. I have acknowledged it is difficult. At all times, Bus Éireann has tried to judge this fairly and pick the nearest route but also to find concessionary placing for families and siblings if and when it can.

Charlie McConalogue (Donegal North East, Fianna Fail)
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I am very disappointed and will continue to highlight the Minister of State's refusal to address the situation and overturn the previous decision. Unfortunately, it is unfair. The rule the Minister of State's Government is enforcing and requiring Bus Éireann to enforce on its behalf is leading to this unfair situation. In the example of the Urris area and Clonmany parish in County Donegal - there are a number of areas in a similar situation across the country, but this is the most extreme one I have seen - the Minister of State is asking people to go over a mountain pass. The reply I got from the Minister of State said that the road does not have to be traversable by bus - indeed, it can be a pedestrian route that determines what the nearest school is. The Minister of State is now telling the people in the Urris area that they have to use that mountain pass and they will only get free transport to Buncrana schools.

Mattie McGrath (Tipperary South, Independent)
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Fog and snow.

Charlie McConalogue (Donegal North East, Fianna Fail)
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If a school bus was provided to them, it simply could not go over Mamore Gap. It would have to go along the route it currently takes to deliver students to Carndonagh community school and would then have to continue on even further as it would now have to go to Buncrana. That will cost the Department a lot more and will cost the students in terms of time. It will also cost money to families which want to continue to go to Carndonagh community school if they decide to do that. It makes no sense, it is totally unfair and it is a situation the Minister of State, together with the Minister, Deputy O'Sullivan, need to look at. There needs to be a mechanism in place to look at situations where unusual circumstances are thrown up by the brute application of this very cut and dried rule. I ask the Minister of State to look at this again to see if there is a way around it.

Damien English (Meath West, Fine Gael)
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We have to be very clear. There has to be a policy and a decision-making mechanism that is fair throughout the country, so that everybody is treated equally. The Deputy wants to blame us. I was trying to point out to him that the policy change was brought in by the previous Government in budget 2011.

Charlie McConalogue (Donegal North East, Fianna Fail)
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No. It was under the Minister of State's Government.

Damien English (Meath West, Fine Gael)
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The policy change is the right one and is based on the nearest school. The old system meant people had a choice and we had buses traversing all over the countryside. There is a logic to this. The cost of providing school transport goes up every year. It is very expensive and we are trying to manage this as fairly and equitably as we can on behalf of the taxpayers. A previous Government suggested the changes and brought them in. We have implemented them and will stand over them because they are correct but the Deputy should not try to make out that it is all somebody else's fault. The right decision was made to get best value for money. We have to judge this scheme equitably across the country for everybody. We cannot make up rules as we go along for each family, it does not work that way and it would not be fair. I have reviewed many files and Bus Éireann always tries to do the right thing locally when it can, while implementing the rules fairly for everybody across the board.