John O'Mahony (Mayo, Fine Gael)
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Question 434: To ask the Minister for Education and Science the number of legal actions his Department is currently engaged in; and if he will make a statement on the matter. [19822/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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There are some 156 cases before the Courts which involve the Department as a Defendant or Respondent. They include litigation relating to Primary and Post-Primary Schools, Community and Comprehensive Schools, Special Educational Needs, school non-attendance, school transport, employment law matters, (including salaries and pensions), litigation arising from industrial relations actions and/or appeals to the Courts from decisions of the Equality Tribunal, contractual disputes and a diverse range of matters.

This figure does not include childhood abuse cases, which largely relate to industrial and reformatory schools and residential institutions. These would amount to approximately 170 primary day school childhood abuse litigation cases and 118 Residential Institutions childhood abuse litigation cases. There are an additional 652 Residential Institutions litigation cases in which legal proceedings were initiated but they are not currently before the Courts. However, it is not possible to indicate what percentage of these cases would actually reach a hearing, as a large number of cases are discontinued following the acceptance by the plaintiffs of awards made by the Redress Board. Accordingly, it would not be entirely accurate to describe the Department as being currently engaged in these proceedings in any manner comparable to those which are actively before the Courts.

It should also be noted that the term 'legal actions' does not encompass inquiries conducted under Rule 108 of the Rules for National Schools, statutory inquiries held pursuant to the provisions of the Vocational Education Acts 1930-2006, or matters which are before the Equality Tribunal, the Employment Appeals Tribunal, LRC, Labour Court 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.