School Curriculum

Thursday, 14 May 2026

Questions (330)

Eoghan Kenny

Question:

330. Deputy Eoghan Kenny asked the Minister for Education and Youth if she or her predecessors received legal advice on the implications for her Department of the decision in a case (details supplied); the reasons, as examples, the school year, week and day have not been statutorily prescribed under section 25 of the Education Act 1998 and school curriculums have never been prescribed under section 30 of that Act; what she considers the status in law of an unprescribed school curriculum to be; the reason her statutory powers to make regulations on a range of issues concerning the provision of education by schools have been so rarely exercised; her views that continuing the alternative practice of ‘government by circular’, including on matters and at a level of detail that appears to exceed her stated statutory function, is consistent with the overall statutory framework; and if she will make a statement on the matter. [36506/26]

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Written answers

Minister for Education and Youth

It has been a long-standing practice of the Department to use circular letters as a means of communicating certain matters to schools. The practice of using such administrative circulars is familiar to schools, teachers, and other school staff and allows for an important level of flexibility and responsiveness.

Where appropriate, officials in my Department seek legal advice on specific issues arising in the course of their work. Legal advice obtained is subject to legal professional privilege and it would not be appropriate to comment further on such advice.

The Deputy should note that the question requires the Minister to provide an interpretation of the law regarding the use of circulars. Ministers are not required to provide a legal interpretation of any matter which would be a matter for the Courts.