Criminal Justice Act 2006

New section 159A in Act of 2001.

147.— The following section is inserted in the Act of 2001 after section 159:

“Education of children in children detention school, residential centres, etc.

159A.—(1) In this section—

“ Inspector” and “ recognised school” have the meanings given to them in section 2 of the Education Act 1998 ;

“ transferred premises” means a certified reformatory or an industrial school under Part IV of the Act of 1908 which, on the commencement of section 159 in relation to it, becomes a children detention school or premises provided and maintained by the Health Service Executive under section 38(2) of the Act of 1991;

“ vocational education committee” means a committee established by section 7 of the Vocational Education Act 1930 .

(2) Any recognised school forming part of transferred premises is dissolved.

(3) A vocational education committee in whose functional area transferred premises are situated shall provide for the education of children in those premises.

(4) Without prejudice to the generality of subsection (3), each vocational education committee shall, in respect of any such premises—

(a) plan, coordinate and review the provision of education and services ancillary thereto,

(b) ensure that the education provided therein meets the requirements of education policy as determined from time to time by the Minister for Education and Science,

(c) ensure that students have access to appropriate guidance to assist them in their educational and career choices,

(d) promote the moral, spiritual, social and personal development of the children concerned, and

(e) ensure that the needs of personnel involved in management functions and those in relation to staff development generally are identified and provided for.

(5) The functions of an Inspector within the meaning of the Education Act 1998 apply, with any necessary modifications, in relation to education facilities provided in respect of any transferred premises.

(6) A person who, immediately before the dissolution under this section of a recognised school, is a member of its teaching staff shall, on such dissolution, become an employee of the vocational education committee in whose functional area the recognised school is situated; and the rights and entitlements enjoyed by the person as such employee in respect of tenure, remuneration, fees, allowances, expenses and superannuation shall not, by virtue of the operation of this Act, be any less beneficial than the rights and entitlements enjoyed by that person immediately before the dissolution.”.