Enda Kenny (Mayo, Fine Gael)
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Question 506: To ask the Minister for Education and Science if, in respect of the governance of primary schools, she is satisfied with the system of voluntary boards of management; if, in situations where the board of management is the employer of primary teachers and her Department represents the paymaster of teachers with the result that no system of conclusive decisions and decision-making is available in respect of difficulties with teachers, personnel problems and other matters, she is satisfied with this situation; if she has considered a transfer of responsibilities from the current system to a more workable system; and if she will make a statement on the matter. [41800/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The difference between the role and responsibility of a Board as employer and the Minister for Education and Science flows from the history of education in Ireland and the Constitution. The relationship of the State and schools derives from provisions in our Constitution. The State has a Constitutional obligation under Article 42.4 to provide for free primary education. As Minister, my constitutional obligation is to provide for primary education and not to provide it. As Minister I make arrangements for the availability of primary education, through the payment of teacher salaries and provision of funding.

In accordance with the Education Act, schools are managed by the Patron and the Patron is responsible for the direct governance of a school. The Patron nominates a Board of a Management to manage a school on its behalf. My Department has not now and never had direct responsibility for the day to day operation of a school. This position was recognised by the Supreme Court in Crowley v Ireland.

In addition, Section 24 (1) of the Education Act 1998 provides that the Board of Management "may appoint such and so many persons as teachers and other staff of a school as the board from time to time thinks necessary for the performance of its powers and functions under this Act". Section 24(3) of the Act also states that "A board shall appoint teachers and other staff, who are to be paid from monies provided by the Oireachtas, and may suspend or dismiss such teachers and staff, in accordance with procedures agreed from time to time between the Minister, the patron, recognised school management organisations and any recognised trade union and staff association representing teachers or other staff as appropriate".

The Board has the responsibility to ensure that the school operates efficiently and effectively and also has responsibilities in relation to the actions of its employees in the context of the regulations outlined above. Therefore, the Board as manager of the school must manage the staff in the school and intervene when it considers necessary to resolve matters relating to the actions of its employees. The Board of Management is the employer and has similar powers to any other employer. My Department is not the employer and does not have an employer/employee relationship with the teachers in a school. My Department cannot perform functions which are proper to the Board in relation to the management of the teaching staff of the school, including decisions in respect of difficulties or personnel problems with teachers.

There are no plans to change the position in this regard.