Bernard Allen (Cork North Central, Fine Gael)
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Question 151: To ask the Minister for Education and Science the number of legal actions which her Department is currently engaged in; and if she will make a statement on the matter. [5015/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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There are approximately 245 cases before the Courts which involve the Department as a Defendant or Respondent. These cases include litigation relating to Primary Schools, Community and Comprehensive Schools, Children Detention Schools, Special Educational Need, school non-attendance, school transport, litigation arising from industrial relations actions, contractual disputes and a diverse range of matters in the education sector.

This figure does not include childhood abuse cases relating to industrial and reformatory schools and residential institutions, which number approximately 661 live cases. These are being dealt with primarily by the Residential Institutions Redress Board. However, it is not possible to indicate what percentage of these cases will reach a hearing, as a large number of cases are discontinued following the acceptance by the plaintiffs of awards made by the Redress Board.

The term 'legal actions' does not encompass inquiries conducted under Rule 108 of the Rules for National Schools, inquiries held pursuant to the provisions of the Vocational Education Acts 1930-2006, or matters which are before the Equality Authority, the Employment Appeals Tribunal and other statutory industrial relations mechanisms available under the Protection of Employees (Fixed Term Work) Act 2003, Maternity Protection Acts 1994-2004, Unfair Dismissals Acts 1977-2005.