Brian Hayes (Dublin South West, Fine Gael)
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Question 279: To ask the Minister for Education and Science if, in respect of her answer to the Parliamentary Question No. 47 of 13 November 2007, she will set out exactly where in the past the High Court, specifically the cases involved, have found that items such as Department of Education circulars have legal effect where the circulars have not been transposed into Irish law by way of statutory order or Ministerial Order; and if she will make a statement on the matter. [30050/07]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Circulars and other administrative rules are a well recognised feature of administrative law and have been interpreted and applied by the courts. These circulars and rules may create legal rights and obligations. In addition they may be reviewed by the courts for legality.

Thus the Rules for National Schools and Criminal Injuries Compensation Rules have both been considered and construed by the Courts. It would not be feasible in a Parliamentary Question to lay down every instance where Department of Education circulars have been interpreted or applied by the courts. By way of example however the Rules for National Schools were considered in Maunsell v Minister for Education [1940] IR 430 and Crowley v Ireland [1980] IR 102.