Dáil Éireann Debate, Tuesday - 14 June 2016
213. Deputy Clare Daly asked the Minister for Education and Skills his views on national schools in receipt of public funds discriminating on religious grounds in their admission policies, in some instances requiring parents and children to adopt a religion or to change their religion, attend religious celebrations and get their children baptised, solely to be allowed to attend their local national school. [15948/16]
View answerArticle 42.1 of the Constitution acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the right of parents in this regard. It is important to be clear that it is a parent who decides the religious denomination of their child. It is not a decision of a school. Parents can choose which school to apply to and where the school has places available the pupil should be admitted.
It is important to note that 80% of schools are not oversubscribed. 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.
Schools are not permitted to discriminate against an applicant for admission on any of the grounds set out in the Equal Status Act, 2000. However, Section 7 (3)(c) of the Equal Status Act 2000 provides that an educational establishment does not discriminate where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school. Schools that comply with the requirements of the equality legislation do not therefore discriminate on religious grounds.
It is my view that the desire of parents for diversity in education choice can be provided effectively by focussing on the delivery of the ambition to treble the number of multi-denominational and non-denominational schools as set out in the Programme for Government. This commitment is to deliver a total of 400 non-denominational and multi-denominational schools by 2030.
The Programme for Government also contains a commitment to publish new School Admissions legislation taking account of current draft proposals and addressing issues including publication of school enrolment policies, an end to waiting lists, introduction of annual enrolment structures, and transparency and fairness in admissions for pupils and their parents.
The Education (Admission to Schools) Bill which was published in April 2015 did not progress through the Houses of the Oireachtas and was not reinstated for the current Dáil session. However, I have commenced a process of consultation with opposition parties to discuss my proposals to introduce a new Admissions Bill to make the process of enrolling children in school easier for parents.
Following these consultations, it is my intention to publish a new Admissions Bill during the current Dáil session.
It is important to note that the new Bill will oblige all schools to admit pupils where there are available places.
