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Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: In some of the amendments we are looking for more flexibility but in this one, we are trying to take it away. The word "may" at least allows the appeal to continue if there is a belief there might be an issue worthy of consideration bearing in mind facilitation will have taken place before the matter ever gets to appeal. The committee might consider a number of elements of the appeal are...

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: This is another one of those occasions where there is cross-reference to the Education (Welfare) Act which states, in the context of a student being expelled and the 20 day period kicking into play, it is without prejudice to the right of a board of management to take such other reasonable measures as it considers appropriate to ensure that good order and discipline are maintained in the...

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: The obvious measure would be a suspension. One could suspend without notice whereas one can only expel with 20 days notice. One can make the decision to expel, give the 20 days notification and in the interim, decide to suspend the student forthwith.

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: It certainly can happen in practice. I cannot say I know of individual cases. Where a serious incident occurs, I can understand that a school would not want to have the student in the place. It could use suspension relying on the Education (Welfare) Act to do that.

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: No. The Act states a school can take such reasonable measures as it considers appropriate to ensure good order and discipline are maintained and that the safety of students is secured. This would allow it to do that.

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: I know what the Deputy is asking.

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: My advice is that the school can expel the student and, pending the expulsion taking effect, can suspend him or her. In other words, the student is out no matter what happens.

Education (Miscellaneous Provisions) Bill 2007: Order for Report Stage. (7 Mar 2007)

Mary Hanafin: I move: "That Report Stage be taken now."

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: Section 29 already provides for the membership of an appeals committee to include an inspector and such other persons as the Minister deems to be appropriate. I do not believe that it is right to be too prescriptive because one then has people in a representative capacity rather than having the best person for the job. It would be important to ensure the qualities the person would bring to...

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: On Committee Stage I stated I would consider the grouping of the words "nature, scale and persistence". I inquired into the matter and the advice is that whereas one must consider the nature, scale and persistence if any one of these elements is not present, the expulsion or the appeal either way can be considered on the basis of the other two elements or any one of the other two elements....

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: It is a legal phrase meaning the board "must take into account".

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: These are each of the elements it must consider when hearing an appeal.

Education (Miscellaneous Provisions) Bill 2007: Report and Final Stages (7 Mar 2007)

Mary Hanafin: The word "or" could give rise to the very situation Deputy O'Sullivan stated she would not want, namely, that the board might only consider one element. The word "and" could mean all three or, equally, that the board would have to consider each of the three. I was assured that by having the three words, the board could consider the three but, equally, if one of them did not apply, it would...

Written Answers — Irish Sign Language: Irish Sign Language (6 Mar 2007)

Mary Hanafin: As the Deputy will be aware, Section 2 of the Official Languages Act 2003 states that "the official languages" of the State are (a) the Irish language (being the national language and the first official language) and (b) the English language (being a second official language) as specified in Article 8 of the Constitution. The Government has no plans at present to recognise Irish sign language...

Written Answers — Pension Provisions: Pension Provisions (6 Mar 2007)

Mary Hanafin: General leave arrangements are a matter for boards of management of schools to decide, within limits agreed under the conciliation scheme for teachers or as provided for by statute. There is no provision for leave with pay for the absence in this case. All unpaid leave is non-pensionable as no pay issues and therefore no pension contributions are paid. However, under the terms of Circular...

Written Answers — Scéimeanna Tógála Scoile: Scéimeanna Tógála Scoile (6 Mar 2007)

Mary Hanafin: Tá suíomh oiriúnach faighte ag Oifig na nOibreacha Poiblí thar ceann mo Roinnse don tionscadal seo. Tá an líon foirne fadtéarmach réamh-mheasta, ar a mbeidh riachtanais chóiríochta na scoile bunaithe, cinnte agus cuireadh in iúl é d'údarás na scoile. Brostófar an tionscadal tógála a theastóidh chun an scoil nua a sholáthar faoin gClár um Thógáil agus Athchóiriú Scoileanna.

Written Answers — School Accommodation: School Accommodation (6 Mar 2007)

Mary Hanafin: I am pleased to inform the Deputy that the school to which he refers is among the list of successful applicants published yesterday that will receive capital funding under the Small Schools Scheme (SSS) 2007. All the schools approved for funding under the scheme will be contacted directly by the Building Unit of the Department with details of the grant aid being provided and instructions on...

Written Answers — Pupil-Teacher Ratio: Pupil-Teacher Ratio (6 Mar 2007)

Mary Hanafin: I propose to take Questions Nos. 454 to 456, inclusive, together. Information in relation to class sizes is provided in the annual census of primary schools. The census for the current school-year (2006/07) is currently being worked on. Details on class size in primary schools will be available for Counties. Major improvements have been made in staffing at primary level in recent years....

Written Answers — Physical Education Facilities: Physical Education Facilities (6 Mar 2007)

Mary Hanafin: The project referred to by the Deputy is currently at Stage 4/5 (Detailed Design/Bill of Quantities). The Building Unit of my Department recently received a submission from County Mayo VEC regarding the project. When this submission has been examined the proposed project should then be in a position to proceed to tender. It is envisioned that the project will have a twelve month contract....

Written Answers — Third Level Fees: Third Level Fees (6 Mar 2007)

Mary Hanafin: Section 473A, Taxes Consolidation Act, 1997, provides tax relief for eligible persons, at the standard rate of tax, for tuition fees paid in respect of approved courses at approved colleges of higher education including certain approved undergraduate and postgraduate courses in E.U. Member States and postgraduate courses in non E.U. countries. Any extension of the current arrangements would...

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