Micheál Martin (Cork South Central, Fianna Fail)
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467. To ask the Minister for Children and Youth Affairs if her attention has been drawn to concerns regarding child safety in a school (details supplied) in County Clare; and if she will make a statement on the matter. [33547/13]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I am aware of the case referred to by the Deputy. It is also my understanding that the particular case is currently the subject of ongoing legal proceedings. The employment of a teacher is primarily a matter for the management of the school concerned. Under the provisions of the Education Act 1998, the board of management is the body charged with the direct governance of a school. In the event that a school is made aware of a child protection concern it is a matter for the Board of Management to decide if there is a child protection risk that warrants the taking of action, such as placing an employee on administrative leave. The HSE will also have a role in assisting the Board of Management to come to a determination in such matters.

Schools are required to take all reasonable precautions to ensure the safety of pupils and welfare of their pupils. From a child protection perspective, all schools are required to adhere to the "Child Protection Procedures for Primary and Post-Primary Schools” which are based on the "Children First - National Guidance for the Protection and Welfare of Children 2011". The HSE and An Garda Síochána also have roles in such matters as the statutory bodies responsible for the welfare and protection of vulnerable children in Ireland. The principles underlying this responsibility are outlined in Children First: National Guidance for the Protection and Welfare of Children. While I cannot comment on a specific case which is before the Courts it would be prudent for Boards of Management to seek independent legal advice on all such matters and to maintain lines of communication with the statutory authorities.