Religious Discrimination

Dáil Éireann Debate, Tuesday - 27 January 2015

Tuesday, 27 January 2015

Questions (437, 438, 439, 440, 442, 443, 444, 447)

Clare Daly

Question:

437. Deputy Clare Daly asked the Minister for Education and Skills the reason religious discrimination has been permitted in admissions to State-funded national schools. [3451/15]

Clare Daly

Question:

438. Deputy Clare Daly asked the Minister for Education and Skills in view of Article 42 of the Constitution only allowing for parents to avail of exclusive religious schools where they are privately funded according to their means, the reason schools in receipt of State funding have been allowed to exclude children on religious grounds. [3452/15]

Clare Daly

Question:

439. Deputy Clare Daly asked the Minister for Education and Skills when she will fulfil her constitutional obligations and ensure that there is no religious discrimination in admissions policies in national schools (details supplied). [3453/15]

Clare Daly

Question:

440. Deputy Clare Daly asked the Minister for Education and Skills her views that the State made a constitutional commitment to admission of children of all religious denominations with equality to all schools in receipt of State funding or public moneys and did not make a constitutional commitment to support religious instruction in schools. [3454/15]

Clare Daly

Question:

442. Deputy Clare Daly asked the Minister for Education and Skills in view of the 1998 Education Act only allowing the patron a role in the manner of publication of admissions policies for schools, and that the board of management must create all schools' admissions policies, the action she will take to ensure that religious patrons stop acting outside the law by instructing boards of management under their patronage to introduce religious discrimination in their schools' admissions policy. [3456/15]

Clare Daly

Question:

443. Deputy Clare Daly asked the Minister for Education and Skills the action she will take to clarify for boards of management their independence, and legal obligation, to be free to remove all religious discrimination from their admissions policies. [3457/15]

Clare Daly

Question:

444. Deputy Clare Daly asked the Minister for Education and Skills her views on Section 7 of the Equal Status Act 2000 which bans religious discrimination on admissions to all schools, recognising that the exception in Section 7(3)(c) applies only to the totally privately-funded schools referred to in Article 42.1 of the Constitution, and does not apply to national schools or any school in receipt of State funding or public moneys as referred to in Article 44.2.4 of the Constitution; and if she will make a statement on the matter. [3458/15]

Clare Daly

Question:

447. Deputy Clare Daly asked the Minister for Education and Skills her views on Joint Committee on Education and Skills conclusions (details supplied); and if she will cease creating schools of different patronage that can then discriminate on religious grounds in their admissions policy. [3461/15]

Written answers

Minister for Education and Skills (Deputy Jan O'Sullivan)

I propose to take Questions Nos. 437 to 440, inclusive, 442 to 444, inclusive, and 447, together.

Section 15 of the Education Act, 1998 provides that a board of management shall manage the school on behalf of the patron and uphold, and be accountable to the patron for so upholding, the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school. The Board of Management shall publish the enrolment policy of the school and that policy must be non-discriminatory and applied fairly in respect of all applicants.

This Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. Where new schools are needed, the model of provision is decided by an open patronage determination process, which is overseen by the New Schools Establishment Group. The criteria for awarding patronage place a heavy emphasis on parental choice and diversity of provision. Prospective patrons must also commit to enrolling pupils from the area to be served by the new school. Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. However, this may result in some pupils not obtaining a place in the school of their first choice.

Existing equality legislation, which outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The Equality legislation provides that any primary or post primary school that has this objective may, where it has more applicants than places available, admit a student of a particular religious denomination in preference to other students.

The legislation also provides that a school whose objective is to provide education in an environment that promotes certain religious values can refuse to admit a student who is not of that religion only where the school proves that this refusal is essential to maintain the ethos of the school.

The Constitution provides that legislation providing State aid for schools shall not be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school. In this regard, Section 30 of the Education Act (1998), provides that no student can be required to attend instruction in any subject which is contrary to the conscience of the parent of the student. Therefore, parents have the right, if so desired, to ensure that their children do not receive religious instruction.

It is my firm view that all schools should be inclusive. It is with this spirit of inclusiveness that the proposed Admission to Schools Bill is designed. Drafting of the Bill is currently at an advanced stage and the Bill is on the Government legislative programme for publication early in the Spring/Summer session.

The draft Bill does not propose changes to the existing equality legislation. However, the draft Bill will provide for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion. The draft Bill will also provide for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

The Bill and its associated regulations should see improved access to schools for all pupils and ensure there is consistency, fairness and transparency in the admissions policies of schools and in the service they provide to parents.