Paul Kehoe (Wexford, Fine Gael)
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Question 536: To ask the Minister for Education and Science if a teacher is being paid to supervise the yard and an incident occurs on the yard, if the school or the teacher will be liable if action is being taken; and if she will make a statement on the matter. [6657/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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A school is entitled to payment for 37 hours supervision per annum for each full-time teaching post (including temporary full-time teaching posts), or to a minimum of 122 hours per school, whichever is the greater.

The number of full-time teaching posts allocated to a school on 30 September in a particular school year determines the number of hours supervision due to a school in that year.

Sections 14, 15 and 23 of the Education Act,1998 assigns each Board of Management and Principal Teacher responsibility for the day-to-day management of the school concerned.

The terms of Circular 16/73 provide that the Principals of primary schools should organise supervision for the order and general behaviour of the pupils during school hours. In particular, s/he should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal.

Rules 121(4) and 124(1) of the Rules for National Schools and Section 23(2) of the Education Act 1998 oblige teachers to take all reasonable precautions to ensure the safety of pupils and to participate in supervising pupils when the pupils are on school premises, during school time and/or on school activities. Accordingly, it is the responsibility of all teachers individually and collectively to provide a duty of care at all times towards the pupils in the school in which they teach, including periods of supervision.

While my Department does not issue specific guidelines on requirements for supervision of different age pupils, it acknowledges that the degree of supervision required of school authorities varies with the circumstances, including the age of the pupil. This duty, in the case of very young pupils, might include an obligation to ensure that such pupils do not leave the classroom without appropriate supervision.

In accordance with the Safety, Health and Welfare at Work Act 1989, it is the responsibility of individual school management authorities to have a safety statement in place in their schools. The Statement should identify potential hazards, assess the risks to health and safety and put appropriate provision in place to safeguard the safety and health of employees and pupils. The Safety Statement should be reviewed on a regular basis.

I am sure the Deputy will appreciate that it would not be appropriate for me to comment on where the liability would lie in the type of situation to which he refers.