Bullying: Legislation, Policy or Both?

The Law Reform Commission (the “Commission”) undertook a project to analyse the implementation of legislation aimed at prohibiting bullying in schools, with a view to fostering a safe and inclusive learning environment. The objective was to promote a comprehensive strategy that integrates both legal and
policy measures for the effective prevention of bullying.

In 2016, the Commission initially explored bullying in both school and workplace contexts. However, the project was later narrowed to focus exclusively on school bullying. The Commission assessed existing policies, and examined legislative approaches that clearly define bullying, assign institutional responsibility, and empower educators with appropriate disciplinary tools.

On 19th January, 2016, the Commission published an Issues Paper titled “Bullying: Legislation, Policy or Both?” and invited feedback from the general public and key stakeholders. The consultation period commenced on 20th January, 2016 and concluded on 2nd May, 2016. The Issues Paper examined public policy responses to bullying and assessed the potential benefits and limitations of anti-bullying legislation. Submissions received informed the development of two draft legislative instruments: the Education (Amendment) Bill, 2019 and the Anti-Bullying (Schools) Regulations, 2019, both of which were published for further consultation. The consultation period on the proposed legislation commenced on 17th July, 2019 and concluded on 16th September, 2019.

Following its review of feedback, the Commission submitted a Final Report on 5th November, 2020 titled “Bullying: Legislation, Policy or Both?” to the Attorney General. The Report outlined key recommendations, including the need for student education, professional development for school staff, consistent reporting mechanisms, and ongoing monitoring to promote a positive school climate. The Report was supported by the Education (Amendment) Bill, 2020 and the Anti-Bullying (Schools) Regulations, 2020.

The Education (Amendment) Bill, 2022 was passed by Parliament on 10th October, 2022. The Education (Amendment) Act, 2022 received assent on 18th October, 2022 and commenced on 1st January, 2023. The Anti-Bullying (Schools) Regulations, 2022 came into effect on 14th December, 2022.