John Deasy (Waterford, Fine Gael)
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Question 46: To ask the Minister for Education and Science the steps she will take to simplify or streamline the appeals process set out as part of section 29 of the Education Act 1998; and if she will make a statement on the matter. [13354/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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School Matters, the final report of the task force on student behaviour in second level schools, recommended that my Department revisit section 29 of the Education Act 1998 with a view to amending it in ways that are more protective of all the school community. It also recommends that the timeframe involved in these appeals be looked at.

The task force also drew attention to the submission by the National Educational Welfare Board which stated: "The advent of the appeals system has been positive for schools. It has prompted schools to re-examine and review their policies, and to ensure, as far as possible, that policies and procedures are balanced, fair, and transparent". That submission went on to say that "the Board would not favour any weakening of the legal access to redress under Section 29 of the Education Act (1998)".

In 2003 and 2004, appeals against expulsion and suspension resulted in schools decisions being upheld by a ratio of 2:1. In 2005 this rose to a ratio of 4:1 in favour of the schools. This clearly supports the NEWB view, on the ground, that as a result of the appeals system, schools are increasingly strengthening their policies and procedures to ensure that decisions in this area are balanced fair and transparent.

My intention is to ensure that the fairness underlying the section 29 system be maintained while also ensuring that the legislation protects the right of the whole school community and that the timeframes for appeals are reasonable.

In launching the report on 14 March, I indicated a package of measures to tackle student behaviour issues, including a review existing legislation in order to take account of the task force recommendations. I am committed to bringing forward amending legislation in this area as soon as this review is complete.