Dáil debates

Thursday, 28 January 2010

2:00 pm

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)

I agree with the Deputy that Educate Together does a very fine job as patron of primary schools. It is not a simple matter to give new patronage at second level. There are serious issues, including legal issues. I had to consult the Attorney General because we need to look at the Education Act 1998 and the Constitution and the effects thereon. These legal issues relate not only to the application from Educate Together but would arise in the case of any proposed new patron or body.

The development of a framework under which all proposed new schools would be assessed will need to have a sound basis and underpinning. There is no provision in the Education Act 1998 for a new patron or for the recognition of a new patron. Under the 1998 Act, there is a provision for the provision of a new school.

There are legal implications. We have had consultations on the matter. We are, more or less, at the end of the process. I will bring this to Government because it is a fundamental equality issue on which the Government will have to sign off.

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