Education (Welfare) Act 2000

Functions of educational welfare officers.

30

30.—(1) An educational welfare officer may, for the purposes of section 29, do all or any of the following—

(a) at all reasonable times enter, subject to subsection (5), any premises or place where he or she has reasonable grounds for believing that any young person is employed in work or from which he or she has reasonable grounds for believing that the activities that a young person is employed to carry on are directed or controlled (whether generally or in respect of particular matters),

(b) make such examination or enquiry as may be necessary for ascertaining whether the provisions of section 29 are complied with in respect of any young person employed in any such premises or place or any young person the activities aforesaid of whom are directed or controlled from any such premises or place,

(c) require the employer of any young person or the representative of such employer to produce to him or her any records that such employer is required to keep and inspect and take copies of entries in such records (including in the case of information in a non-legible form a copy of or a copy of an extract from such information in a permanent legible form),

(d) require any person whom he or she has reasonable cause to believe to be, or to have been, an employee or the employer of any employee to furnish such information as the educational welfare officer may reasonably request,

(e) examine with regard to any matters under section 29 any person whom he or she has reasonable cause to believe to be, or to have been, an employer or employee and require him or her to answer such questions (other than questions tending to incriminate him or her) as the educational welfare officer may put relative to those matters and to make a declaration of the truth of the answers to such questions.

(2) An educational welfare officer shall not enter a private dwelling (other than a part of a dwelling used as a place of work)—

(a) without the consent of the occupier, or

(b) in accordance with a warrant issued under subsection (5).

(3) Where an educational welfare officer in the exercise of his or her powers under this section is prevented from entering any premises an application may be made for a warrant under subsection (5) authorising such entry.

(4) An educational welfare officer may, where he or she considers it necessary, be accompanied by a member of the Garda Síochána when exercising any power conferred on an educational welfare officer by this section.

(5) On the application of an educational welfare officer, a judge of the District Court may, if satisfied that there are reasonable grounds for believing that information required by an educational welfare officer under this section is held on any premises or any part of any premises, issue a warrant authorising a named educational welfare officer accompanied by such other educational welfare officers or members of the Garda Síochána as may be necessary, at any time or times within one month from the date of issue of the warrant, on production, of the warrant (if so requested), to enter the premises (if necessary by using reasonable force) and perform all or any of the functions of an educational welfare officer under subsection (1).

(6) A person who—

(a) obstructs or impedes an educational welfare officer in the exercise of any of the powers conferred on an educational welfare officer under this section,

(b) refuses to produce any record which an educational welfare officer lawfully requires him or her to produce,

(c) produces or causes to be produced or knowingly allows to be produced, to an educational welfare officer, any record which is false or misleading in any material respect knowing it to be so false or misleading,

(d) gives to an educational welfare officer any information which is false or misleading in any material respect knowing it to be so false or misleading, or

(e) fails or refuses to comply with any lawful requirement of an educational welfare officer under subsection (1)(c),

shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months, or to both.

Annotations:

Editorial Notes:

E11

A fine of £1,500 converted (1.01.1999) to €1,904.61. This translates into a class C fine, not greater than €2,500, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(2) and table ref. no. 1, S.I. No. 662 of 2010.