Jan O'Sullivan (Limerick East, Labour)
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Question 590: To ask the Minister for Education and Science the basis under which she publishes Rules for National Schools; and if she will make a statement on the matter. [12580/07]

Jan O'Sullivan (Limerick East, Labour)
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Question 591: To ask the Minister for Education and Science if she proposes to update her website in order to make available to the general public a copy of the Rules for National Schools, more up to date than a photocopy of the rules as published in 1965; and if she will make a statement on the matter. [12581/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 590 and 591 together.

For about 80 years prior to 1922, the administration of the primary education system was governed by a set of Rules, the Rules for National Schools made by the Commissioners. The Commissioners of National Education in Ireland, a body corporate created by Royal Charter in1845.

Section 1 of the Ministers and Secretaries Act 1924 assigned the administration of the Commissioners for National Education in Ireland in the Department of Education. By order of the Executive Council dated 16th August, 1923 (pursuant to its power under section 7 of the Adaptation of Enactments Act 1922) all the jurisdictions, powers and duties of the Commissioners of National Education in Ireland were transferred to a new board called the National Education Commissioners. That new board, in turn, was dissolved by order of the Executive Council dated 2nd August, 1935, whereupon all the jurisdictions, powers, duties and functions formerly exercised by it were expressly transferred to the Minister for Education.

A revised code of "Rules and Regulations for National Schools under the Department of Education" was issued in 1932. The position, accordingly, when the Constitution of Ireland came into force in December, 1937 was that primary education was directly regulated by the Minister by the revised regulatory code introduced in 1932.

At the beginning of 1965 new rules entitled "Rules for National Schools under the Department of Education" were introduced by the Minister for Education with the concurrence of the Minister for Finance. This version of the Rules for National Schools has subsequently been updated, amended and supplemented by circular letters. The Rules for National Schools, together with Department Circulars constitute administrative measures governing the recognition operation, management and conduct of national schools. While the Rules for National Schools and associated circulars are non-statutory they are lawful measures which have been judicially considered and accorded the imprimatur of the Irish Courts on a number of occasions.

The Education Act 1998 provides the Minister with the power to make regulations relating to a range of issues concerning the provision of education by schools. Rather than engage in an exercise to revise the existing rules I favour the incremental use of those regulatory powers where appropriate to replace existing rules and circulars.

The procedures for the operation of Boards of Management are agreed by the Education Partners and the Department and are set out in the handbook "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. In addition, the Catholic Primary School Management Association, which represents the management authorities of the vast majority of primary schools, has produced a handbook for the information and advice of management board members which sets out the responsibilities of boards and gives details of relevant circulars.