Josepha Madigan (Dublin Rathdown, Fine Gael) | Oireachtas source

As Minister of State with responsibility for special education and inclusion, I welcome the positive intention of the measures contained in the Bill put forward by Senator Mullen and supported by Senators McDowell, O'Loughlin, Dolan, Ahearn and Clonan. We all agree that schools are designed to be safe places for children and staff. To protect the school community, schools are required to have a safety statement in place to identify potential hazards, assess the risks to health and safety and put appropriate provision in place to ensure, as far as is reasonably practicable, the safety, health and welfare of all members of the school community. That will not change. The approach set out in the Bill provides a greater legal certainty to schools by providing them with protection against liability for injury to students arising from accidents occurring on school premises, provided an adequate system of teacher supervision is in place and the school has complied with the applicable health and safety regulations. This level of legislative protection for schools engaged in activities, including reactional and physical activities, while on school premises is positive.

The importance of physical activity among all sections of the community, particularly young people, is clearly set out in the programme for Government, which contains a range of commitments to encourage and enable increased levels of physical activity among children. Physical education supports students to develop a disposition towards, motivation in and commitment to lifelong physical activity. There are significant developments across primary and post-primary physical education curriculums. As students experience broad and balanced PE programmes, they learn to become more positively disposed and motivated to commit to lifelong physical activity. The primary curriculum emphasises the importance of play in its many forms in the learning and developmental process. Through play, children learn to move effectively, think, interact socially with others and express feelings. By encouraging children to take part in physical activity and active games, we can help them to develop good habits that will prove invaluable throughout their lives.

Recreation and physical activity are associated with numerous health benefits in children, including effective prevention of a number of lifestyle-related diseases. Research shows outdoor play experiences provide multiple physical and mental benefits for children. These include reduced obesity levels, increased physical activity, improved concentration and enhanced social skills. Opportunities for outdoor play offer many benefits for learning, including an increased ability to focus and concentrate when children return to the formal classroom. Along with physical and cognitive benefits, outdoor play provides rich opportunities for the development of social skills such as communication and collaboration as children negotiate peer interactions and engage in minor conflict resolution. The combination of physical, social and emotional skills is critical to the holistic development of the child. A play break can refresh the mind and prepare the child for formal learning in the classroom.

While the Bill proposes a greater protection to schools than currently exists in easing the duty of care that is applied to and expected of them, I acknowledge this protection will only apply provided an adequate system of teacher supervision is in place and the school has complied with the applicable health and safety regulations. In effect, the protections afforded to schools only apply if the school adheres to current statutory health and safety requirements and Department policy. That is only right and proper. It is a reasonable and practical approach that a school would not be liable in negligence for any act done by a teacher providing assistance, advice or care to a student where the student is in serious and imminent danger of being injured. It is also reasonable that protections should apply to teachers providing advice or care to a student, including the administration of first aid or a student being transported to a hospital to receive medical care. It is reasonable that the standard of care applicable by teachers is that of a prudent, responsible and reasonable parent acting in equivalent circumstances.

As Senator O'Loughlin noted, the Office of the Attorney General has advised that while the purpose of the Bill is positive, it would benefit from further analysis and consideration to ensure there are no unintended consequences for schools. There are also technical issues with the drafting of the Bill that will need further consideration and potential amendment. I fully appreciate the well-meaning intentions of the Senators in bringing forward these provisions. On balance, the approach taken in the Bill is positive. Both the Minister, Deputy Foley, and I look forward to working with the Senators as it progresses. We all agree on the importance of children having the opportunity to enjoy recreational activities and that schools must be empowered, without fear or overbearing caution, to provide such opportunities.