Ruairi Quinn (Dublin South East, Labour)
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Question 116: To ask the Minister for Education and Science if he will complete the reply to Parliamentary Question No. 215 of 21 May 2008 which sought the information of the person who is legally responsible and liable if a child or a teacher has an accident in the school yard in its present unsafe condition; and if he will make a statement on the matter. [21538/08]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As indicated to the Deputy previously, the application from the school referred to is currently under consideration at present and it is expected that Department officials will be back in contact with the school authorities with a decision on this application very shortly.

With regard to the question of who is legally responsible and liable if a child or a teacher has an accident, it is the school authorities who are responsible in the first instance for health and safety issues at the school. The Safety, Health and Welfare at Work Act 2005 sets out the responsibilities on individual school management authorities to have a safety statement in place in their schools. It is also a matter for school authorities to determine school policies, taking into account any health and safety risks to children and to put appropriate safeguards in place to mitigate any potential risk to the school community.

As part of the management of the risks there is an onus on Boards of Management to ensure, as appropriate, that they have put in place comprehensive insurance cover for schools. Boards are advised by my Department to ensure that all such insurances are effected and maintained as are necessary to safeguard the school, the Board and the Trustees against all public liability.

A key element of the management of the risks is ensuring that there is adequate supervision of pupils in school yards. The Education Act assigns each Board of Management and Principal Teacher responsibility for the day-to-day management of schools. School Principals are obliged to organise supervision for the order and general behaviour of pupils during school hours. In particular, they should organise and participate in the effective supervision of the pupils during breaks, lunch-breaks, assembly and dismissal.