asked the Minister for Education if, in view of the EEC ruling on the offence to human rights involved in the use of caning, the Government will now ban its use in schools.

23.

asked the Minister for Education if he has studied the decision of the European Court of Human Rights that birching is a degrading form of punishment; and if he will make a statement on the implications of this decision for discipline in Irish schools.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 22 and 23 together.

I assume the questions refer to the judgment of the European Court of Human Rights in the Tyrer case. I have so far seen only a summary of the judgment as given in a press release of the Council of Europe.

In this connection I should draw attention to the fact that the judgment refers to judicial corporal punishment only.

I may also quote in this regard paragraph 26 of the Report of the Commission of Human Rights, adopted on 14 December 1976—

In this application the Commission is only concerned with the question of judicial corporal punishment and not any other form of corporal punishment. This means that the Commission has to judge the nature of the punishment in this case, without taking into account the practice or legality of whipping in educational institutions.

I have already replied to Question No. 21 on the order paper in relation to the use of corporal punishment in schools.