Stephen Donnelly (Wicklow, Independent)
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Question 161: To ask the Minister for Education and Skills with regard to the operation of section 29 appeals, on school enrolment, if it is his position that section 19(3) of the Education (Welfare) Act, 2000, cannot be used as a reason for upholding section 29 appeals; if this has always been the position, or if this is a new or revised position; if all institutional stakeholders, that is schools, boards of management, parents' associations and so on, in section 29 appeals have been advised of this position; and if it is common practice for him to issue instructions to members of section 29 committees that section 19(3) cannot be used. [41075/11]

Ruairi Quinn (Dublin South East, Labour)
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Section 29 of the Education Act, 1998 provides for an appeal by a parent or guardian to the Secretary General of my Department, or in the case of a Vocational Educational Committee (VEC) school to the VEC in the first instance, where a Board of Management of a school, or a person acting on behalf of the Board, refuses to enrol a student in a school, expels a student or suspends a student for 20 or more days in any school year. My Department is responsible for administering appeals, including clarifying for appeal members their legal jurisdiction to hear and determine appeals. My Department liaises with the Office of the Attorney General in relation to all legal advice in this area.

The applicability of Section 19(3) of the Education (Welfare) Act, 2000 in relation to Section 29 appeals arose in the context of the appeals before Section 29 committees during 2011, on foot of which my Department sought legal advice. Committees were subsequently briefed on the advice received, to the effect that section 19(3) of the Education (Welfare) Act, 2000 cannot be used as a reason for upholding appeals. My Department is currently making the appropriate arrangements to standardise the provision of this advice to all parties of Section 29 appeals in relation to refused enrolments.

The Deputy will be aware that in 2011, I launched a "Discussion Paper on a Regulatory Framework for School Enrolment". My officials are co-ordinating the submissions received. The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment, to make the process of enrolling in schools more open, equitable and consistent. I will be reviewing the purpose and scope of Section 19(3) of the Education (Welfare) Act, 2000 as part of this work.