Richard Bruton (Dublin Bay North, Fine Gael)
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I regret I am not in a position to support this amendment. Under the Constitution, children have a right to attend school without attending religious instruction, as well as having the right to opt out. Every school is obliged to honour this.

The approach we are taking on this issue in the Bill is that we are requiring a denominational school to make absolutely clear what provisions it will make for children who do not want to attend the religious programme of that school. It should be made clear from the outset in the admissions policy before a child is enrolled how this will be dealt with. It has always been a matter for the individual school to make these practical arrangements. The best way forward to deal with this in a sensible and flexible way is for each school community to look at this. Progress has been made in this area since the forum on patronage and pluralism reported. There have been efforts to provide good practice in schools generally, and in Catholic schools in particular.

I noted later amendments stated the provision should not, as far as practical, be unduly burdensome for parents. That is a correct sentiment. I will have to look to amending the legislation to accommodate this on Report Stage.

The amendments preventing any faith formation taking place during the school day or requiring it only to take place at the end of the school day are likely to raise constitutional issues about the rights of religions. The way forward in this area is to improve practice and to use the forthcoming approach of having a parents and students charter to develop that. We should also give parents the right, if they are not satisfied that a reasonable accommodation is being made to pursue that, to go to the Ombudsman for Children with their concerns. The approach we are taking with this Bill and with the prospective parents and students charter is the right way to go. It respects the different school communities and their right to organise themselves in the right way. We recognise there are schools with a particular ethos and parents who want to provide for their children to be educated in those schools. This is the way of trying to accommodate, as best we can, the different needs of parents where their children are enrolled.

However, I cannot accept the amendments put forward by Deputies Shortall and Catherine Murphy.