Clare Daly (Dublin North, Socialist Party)
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Question 145: To ask the Minister for Education and Skills if he will take action to amend the anomaly whereby section 19(2) of the Education (Welfare) Act 2000 allows for a parent to act on their own whereas section 6(1) of the Guardianship of Infants Act specifies that the father and mother of an infant shall be guardians of the infant jointly. [13554/11]

Ruairi Quinn (Dublin South East, Labour)
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Section 6 (1) of the Guardianship of Infants Act 1964 provides that the father and mother of an infant shall be guardians of the infant jointly. Section 19(2) of the Education (Welfare) Act 2000 provides that a parent who has applied to enrol their child in a school may be required to provide that school with such information as may be prescribed by the Minister. The Act does not distinguish between parents who act in concert and those who do not.

The Education Welfare Act 2000 provides that "parent" shall be interpreted to include - "a foster parent, a guardian appointed under the Guardianship of Children Acts, 1964 to 1997, or other person acting in loco parentis who has a child in his or her care subject to any statutory power or order of a court and, in the case of a child who has been adopted under the Adoption Acts, 1952 to 1998, or, where the child has been adopted outside the State, means the adopter or adopters or the surviving adopter".

In the event that a disagreement arises between parents or guardians in relation to the enrolment of a child, it is a matter to be resolved between the parents-guardians concerned. Where joint guardians cannot reach an agreement on an issue concerning the child then an application can be made to the court under the Guardianship of Infants Act 1964 and the court will make a decision in the child's best interest. I have no plans to amend the Education Welfare Act in this regard.