Oireachtas Joint and Select Committees

Wednesday, 15 January 2014

Joint Oireachtas Committee on Education and Social Protection

General Scheme of Education (Admission to Schools) Bill 2013: Discussion (Resumed)

2:50 pm

Ms Eithne Reid O'Doherty:

I refer to the independence and fair procedures aspect of the role of the principal and the board of management, which is constitutionally protected. It has been brought up ad infinitumas this stage but there will be litigation. The bottom line is boards of management will find themselves judicially reviewed or sued.
The independent appeals mechanism could be enhanced with great involvement of society and greater knowledge. I have thrown out some ideas but such a mechanism needs to be retained. The publishing of decisions is a safety valve. They are written, one can refer to them and there is good reasoning. It is good practice.
I refer to equality issues. The Bill provides that one must provide for such issues but that is superfluous. The Equal Status Act 2000 covers this. Currently, there are tensions, which have been raised during the meeting, around the religious aspect and the constitutionally provided denominational aspect of schools as opposed to the child's right to attend any establishment. Then there is the protection of section 7(3)(c) of this Act. Where does one refuse to protect the denomination aspect of the school? There will be legal change in this regard and I can see it coming through the High Court invoking European legislation. Religion is only one discriminatory ground that has been addressed. We are still looking at the Traveller situation and the Stokes case, which is under appeal to the Supreme Court, and at disability. Gender has not been fully addressed either. I would like the debate on equality issues opened up. Policies should be put before boards of management and they should be supported in regard to what they want to say in them and how they run their school. The right to education includes access. Article 42.4 refers to access. How will one receive people into one's school and how will participation be fostered? The debate needs to be opened up.

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