Mary O'Rourke (Fianna Fail)

I welcome the Minister to the House. I am smiling while reflecting on the name of the Bill, the Education (Miscellaneous Provisions) Bill. One could continue forever introducing such a Bill, because for every loophole one would close another one would appear. I can only imagine the outcome of doing that. There are varied circumstances in education, as the Minister is well aware from being a teacher and as Senators Ormonde, O'Toole, Ulick Burke and Kitt are also aware. It is difficult to adopt a template or framework that would deal with all the lacunae that arise. I commend the Minister on taking this opportunity to endeavour to close off many of the loopholes that have arisen and which cause such fraught tenor in a school, a classroom or a community, as Senator O'Toole said.

Section 29 of the Education Act provides that an appeal may be made to the Secretary General of the Minister's Department against a decision by a school's board of management to permanently exclude a student, a provision with which I agree. I want to bring a case to the Minister's attention, although I will not mention any names as I will submit a written appeal to the Secretary General of the Department on the basis laid out in the Act. This case involves a boy whose parents jumped through all the hoops. The school was informed that it lost its appeal and must now re-register the boy but it is refusing to do so. I have not dealt with a case previously where a school adamantly refused over a period of months to re-register a student. The boy in this case has been deprived of his education for that period.

I am compiling a report on this case. I was aware this Bill was to be introduced and I take this opportunity to raise this case without mentioning the names of the parents, the boy or the circumstances involved, as I will give that information to the Secretary General of the Minister's Department, as required under the Act, and I am sure she will reply, having given the case her attention.

The school in question has been obstructive in that the principal or person in charge was not available to attend arranged meetings, but numerous pretexts have been put forward as to why the boy, who won the decision in the appeal, should not be allowed back into the school. The process was followed according to the appeals mechanism outlined in the Act and in this legislation and a full hearing took place at which the school lost its appeal and the boy was deemed to be re-admitted to that school. However, that did not happen and I consider that to be a serious matter. The Minister might indicate when replying — even if I am not present, in which case I can check her reply in the Official Report — if the Act imposes strictures on a school in a case such as this. This school has adamantly refused to re-register a student, even though everything was laid out as to what should be done and both sides adhered to the principles to be followed. The boy in question, who could be almost called a young man, has not been allowed back into that school and has been deprived of his education for many months. I regard this as a serious matter. Clearly, the Department, following the enactment of the Education Act 1998, has made every effort to provide that the right mechanisms are put in place to ensure there will be no escape for either the school or the pupil, depending on the decision made, if there is a case to be ameliorated or heard. It is disgraceful that a school would refuse to obey the provisions of an Act, which is what this school has done. It has refused to follow the strictures imposed under the Act.

The Minister may say I go around picking up such cases — but I do not — when I relay that I was visited last night by a distressed parent and the circumstances of her case are the opposite to those of the case I have just outlined. This parent was married and is now a single mother. Her son lost his appeal and the school's case was upheld. The mother must now get two second level schools within the catchment area that will refuse to admit this young man. The school he was attending has already refused him admission and the mother is seeking to contact another school. She has now suddenly been offered the use of a facilitator — I do not know if the Act provides for this — who will help her in her quest as to how to proceed with the case and what can be done to allow this young man to get back into the education system.

In the space of a few weeks, I have dealt with two cases which come under the provisions of the Education Act 1998 and particularly the implementation of the 2001 legislation. In one case the parents won the appeal but they have heard that it will not be possible for the person in charge in the school to attend meetings, and meetings that were arranged have been postponed. What means of redress have those parents?

In the second case the parent lost the appeal, the school's determination in the case was upheld and nearly five months following the appeal the parent has received a letter, which I have with my constituency papers, advising her that she will be offered the assistance of a facilitator. I welcome that offer as this parent must determine her son's future and needs the help of a skilled person. The facilitator will provide that skill which is useful. Obviously, that facility is provided for under the Act or the offer would not have been made. I commend the Minister and her officials on the work they have done. It is difficult to mop up various small-scale matters which can lead to difficulty arising under an Act.

Senator Ormonde spoke eloquently on the right of other students to be educated in circumstances where a child or children permanently disrupt a class and do not allow the teacher to teach. In such circumstances the parents of the other children would say the child in question is disrupting the class and their children cannot get a proper education. People will say it is much more difficult for teachers to cope today but I do not believe it is. With human nature being what it is, there always will be difficult, docile and studious students. Every parent's duck is a swan and every parent wants the best for his or her child.

When I was teaching I did not like children to be put out of a class if there was a way to resolve the matter in the classroom. The loss of confidence, dignity and stature suffered by such students is huge and way beyond what they thought when they set out on their path of disruptive behaviour. I will write letters tonight to the Secretary General on the two cases I outlined and I hope I will hear back from her. While I would like to hear the Minister's reply to these matters, I have to leave to attend a meeting, but I will be able to peruse the detail of her reply in the Official Report.

I commend the Bill to the House.