Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 474: To ask the Minister for Education and Science the legislation which is in place to prevent the use of school pupils in the testing of commercial products; the plans there are to review the legislation; and if he will make a statement on the matter. [5553/09]

Batt O'Keeffe (Cork North West, Fianna Fail)
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As the Deputy will be aware, under Section 15 of the Education Act 1998, the Board of Management is the body charged with the direct governance of a school and is therefore responsible for making decisions as to the types of activities in which the school gets involved. So the decision as to whether to accept sponsorship, partake in promotions or engage with research is one for the Board of Management to take. And naturally, the Board of Management should only engage in activities that are in the best interests of their students.

My Department has provided guidance to schools about commercialism and the need for schools to strike a balance between the benefit to be gained from positive links with businesses while at the same time protecting children and their parents from inappropriate marketing etc. In this regard it is important that pressure is not placed on parents or pupils to buy particular products.

In relation to the testing of commercial products, I do not think it is necessary for commercial organisations to engage in testing of products within schools. There are plenty of opportunities to test products outside of the school environment where parents are present to decide what they do and do not want their children to participate in. However, as I previously outlined, it is a matter for each Board of Management to make this decision having regard to the best interests of their pupils.

If parents have a difficulty with any such activities in their school, they should raise the matter with the Board of Management of the school.

The issue of pupils being involved in the testing of commercial products can be dealt with at local school level and should not require further legislation.