Síle de Valera (Clare, Fianna Fail)

I thank Senator Browne for raising this matter on the Adjournment. I am assuming that the matter raised by the Senator refers to the periods immediately before and immediately after the normal opening hours of a school. He made that point clearly.

The overall responsibility for the day-to-day management of school supervision rests with the principal teacher. The terms of circular 16/73 provide that the principal teachers of primary schools should organise supervision for the order and general behaviour of the pupils during school hours. In particular, he or she should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal. This circular was drawn up in consultation with the school management representative bodies at that time.

The degree of supervision required of school authorities varies with the circumstances, including the age of the child. To a significant extent the existence and scope of this duty can be controlled by effective communication with the parents, involving written notes of acceptance by the parents that pupils are not to arrive before a certain time.

With regard to the organisation of the school transport system, buses may be required to operate a number of runs. This is to provide a basic level of service while achieving optimum value from resources available. In order to facilitate the operation of these services, children may be required to wait for the bus to arrive, both in the morning and evening. This is a feature of the school transport scheme as operated throughout the country. The responsibility for the supervision of pupils in this instance lies with the principal teacher and the board of management.

I am advised that where the operation of a school transport service according to timetable involves children being brought to school in the morning before normal time of commencement of school business, or children waiting at school in the afternoon after conclusion of school business, the manager may be held liable for foreseeable risks in the event of an accident to pupils during the period intervening. A manager may also be held liable if an accident occurs as a result of his or her undertaking supervision of children while they are walking from the vehicle to the school or vice versa.

My Department provides funding for supervision in schools on the basis of an estimated need of 37 hours supervision per annum per whole-time teacher equivalent. This figure takes account of the nature and extent of supervision required and the age range of pupils, and guarantees the levels of care and supervision provided to all pupils. The Department also provides funding to primary and secondary schools by way of per capita grants. This affords schools considerable flexibility in the use of these resources to cater for the needs of their pupils, including securing adequate insurance cover.

I am sure the Senator accepts that this is a complex area and, in the final analysis, the responsibility in any particular case will be determined by the particular circumstances of that case. I hope that my remarks have helped to clarify some of the issues he raised.