Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 541: To ask the Minister for Education and Science the response given to correspondence (details supplied); if assistance was given; her views on the situation outlined; and if she will make a statement on the matter. [12765/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Section 14(1) of the Education Act 1998 states "It shall be the duty of a patron, for the purposes of ensuring that a recognised school is managed in a spirit of partnership, to appoint where practicable a board of management the composition of which is agreed between patrons of schools, national associations of parents, recognised school management organisations, recognised trade unions and staff associations representing teachers and the Minister." Section 16 provides that, subject to the consent of the Minister, the patron may, if satisfied that the functions of a board are not being effectively discharged, dissolve a Board of Management following the issue in writing of notice of the proposed dissolution to board members and consideration of representations, if any received from those same members within a one month period following the date of such notice. In the specific case referred to by the Deputy, I have been advised that the Patron gave the board of management members an opportunity to present their case both orally and in writing following notification by the Patron of the proposed dissolution. I understand that the Patron gave due consideration to the representations made by all board members in accordance with the requirements set out in the Education Act. The Patron, having considered the representations, remained of the view that the board should be dissolved. I wish to assure the Deputy that I gave careful consideration to the application from the Patron for my approval to dissolve the board before acceding to the request. I am satisfied that the dissolution has been carried out in accordance with the requirements of the Act.

In accordance with the provisions of the Act, I approved the appointment of joint managers to manage the school. The procedures for the selection of candidates for teaching posts are agreed by the Education Partners and the Department and are set out in Appendix D of the handbook for boards of management "Constitution of Boards and Rules of Procedure". This handbook issued from my Department to all boards of management at the beginning of the term of office of current boards. Section 5(viii) of the Appendix advises that "having interviewed such applicants as present themselves, the Selection Board shall submit a written report to the Board of Management, nominating the applicant whom it considers most suitable for appointment". Section 5(x) clearly states "The Board of Management shall appoint the teacher so nominated unless it has good and sufficient reason not to do so, in which instance the matter shall be referred to the Patron, whose decision in this matter shall be accepted by the Board". The methods employed during the marking process for selected candidates is entirely a matter for the Selection Board and the Board of Management of the individual school concerned. Section 5(xi) of Appendix D of the handbook states "The Chairperson shall seek the approval of the Patron for the appointment".

With regard to the composition of the independent committee appointed in this instance, this is entirely a matter for the Patron. However, I have no reason to believe, that the committee did not act in a proper fashion. The correspondence referred to by the Deputy was referred to my Department by the Office of An Taoiseach and a reply setting out the position has been issued to the correspondent in question.