The former Minister for Education has warned that the ongoing school buildings controversy may end up in the courts.

Richard Bruton moved on from education to take on his new role as Minister for Communications in mid-October.

Speaking to Newstalk’s On the Record this morning, Minister Bruton warned that it is essential that we establish who was responsible for the issues that led to the closure of partial closure of a number of schools ahead of the mid-term break.

On audit of all schools constructed by Western Building Systems on behalf of the State has identified 23 with significant structural defects.

Four Dublin schools have been forced to close large sections of their premises as a result of the defects.

Three primary schools will be restricted to using their ground floors, while an 18 classroom building at Ardgillan Community College will remain closed.

Western Building Systems is continuing to insist that it complied with all its contracts and has noted that the Department of Education signed all 42 schools off as being “free from defects and suitable for use.”

It said the same people have now “arrived at a different view” and said Minister Bruton himself previously said the schools were “built to the highest standards.”

Minister Bruton said there are "issues here on which legal advice will have to be sought by the Department" - and warned that it will be essential to establish who is liable for the issues identified. 

"This started from the Department checking out that requirements had been met at the time that they were built," he said.

"There will be issues around liability and who should have done this.

"I am not going to prejudice what might be court issue for legal liability to be determined."

It is expected that Ardgillan Community College will be able to house all students in its buildings that remain open.

The three Dublin primary schools have made alternative arrangements with other schools – and it is expected that students will be bussed to the new locations.