The Information Commissioner erred in law in ruling that newspapers should be given information which would enable them to compile school league tables based on exam results, the Department of Education and Science has claimed.
In an affidavit lodged in the High Court, Mr Pat Burke, the assistant general secretary of the Department, said the publication of tables "could reasonably be expected to prejudice the effectiveness of tests and examinations".
The Minister for Education, Mr Martin, also believes the publication of league tables could have "a significant adverse effect" on the management of the Department, according to the affidavit.
The Department further argues that Mr Kevin Murphy wrongly decided that a provision of the 1998 Education Act banning the compilation of such tables could not be applied because the newspapers made the requests before the Act passed into law.
Speaking at the Secondary School Principals' Association annual conference in Tullamore, Co Offaly, last night, Mr Martin said the publication of league tables "would treat individual students as examination fodder by applying a single crude measurement of worth to individuals who differ widely in their skills, competencies and attributes".
In July of last year, the Sunday Times applied to the Department of Education under the Freedom of Information Act for exam results from all secondary schools. The paper also sought information on discipline procedures, streaming, inspections and pupil/teacher ratios.
It sought details of the percentage of boys and girls in each school and the homework and subjects taught at both primary and secondary schools.
The request was followed in subsequent weeks by the Sunday Tribune and the Kerryman. All three requests were refused by the Department, and the newspapers appealed the decision to the Information Commissioner.
During the Information Commissioner's review, the Education Act 1998 passed into law. Section 53 of the Act allowed the Minister to refuse access to records "which would allow for the compilation of information, not otherwise available to the public, in relation to the comparative performance of schools in respect of the academic performance of their students".
Last month, the commissioner overturned the decision of the Department of Education not to release the information, but Mr Murphy said that results where 10 or fewer students in a school sat a subject at a particular level should be deleted.
