Dáil Éireann Debate, Wednesday - 30 November 2016
70. Deputy Catherine Martin asked the Minister for Education and Skills if the new parent and student charter Bill will include departmental guidelines for schools to address the need to honour a parent's constitutional right for their child to opt out of faith formation during the school day; and if he will make a statement on the matter. [37929/16]
View answerAs the Deputy will be aware the Programme for a Partnership Government provides that the Government will introduce a stronger complaints procedure and charter for parents.
My Department has been working on draft legislation to provide for replacing the current Section 28 of the Education Act, 1998. The overall approach is to shift away from concentrating on reacting to problems only after they have given rise to grievances (the narrow position covered in the existing Section 28). Instead the emphasis is on improving the day-to-day experience students and their parents can expect from schools. This can be done by setting out in law the principles that schools must apply in their engagement with students and parents.
The legislation will provide the statutory basis for ministerial guidelines which will form the framework for a Parents’ and Students’ Charter in every school following consultation with parents, students, recognised school management bodies and staff associations representing teachers and other appropriate bodies.
I plan to make an announcement shortly on the draft legislation. Pre-legislative scrutiny on the draft legislation will be a matter for the Oireachtas Committee on Education and Skills.
Article 44 of the Constitution and Section 30 of the Education Act 1998, provides that parents have a right to have their children opt out of religion classes if they so wish. The manner in which any school ensures that the right to opt out of religion classes is upheld is a matter for the school concerned.
Each individual school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.
The Education (Admission to Schools) Bill 2016, which passed Second Stage on the 17th November 2016, includes a specific requirement that school enrolment policies must include details of the school’s arrangements for any students who do not wish to attend religious instruction.
I believe this is an important measure which will help ensure transparency from the outset as to how a school will uphold the rights of parents in this regard.
