Clare Daly (Dublin Fingal, Independent)
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205. To ask the Minister for Education and Skills if paragraph 11.5 of the 1975 agreed accounting arrangements for school transport means that either he or Bus Éireann can terminate the agreement on 12 months' notice, or earlier by mutual consent, and that he can vary the agreement by mutual consent; and if he will make a statement on the matter. [15740/16]

John Halligan (Waterford, Independent)
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Under section 11.5 of the Summary of Accounting Arrangements relating to the Transport Scheme for Primary and Post-Primary School Children dated 1 January 1975, it is stated that "the basic charging arrangements for schools transport to continue in force subject to the right of either party to terminate them by giving not less than 12 months notice in writing to this effect. Specific procedural aspects of the accounting arrangements may be varied or discontinued by mutual consent during the currency of the present accounting agreement."

A legal action was taken to seek an Order from the High Court to set aside the existing arrangements for the provision of national school transport services. The High Court Judgement was given in October 2012. The Court found decisively in favour of the Department; detail of this Judgement is available on the Courts Service website.

A motion appealing the High Court decision was submitted to the Supreme Court on 22nd November 2012 and was subsequently remitted to the Court of Appeal. In the Judgment delivered by the Court of Appeal in the case on 27th May 2016, the court again found decisively in favour of the Department and dismissed the Appellant's appeal.

The effect of that Judgement is that the existing arrangements including section 11.5 remain in place.