Brian Hayes (Dublin South West, Fine Gael)

On the basis of the religious tuition. I have legal opinion that the Tánaiste is right in saying section 10 of the Education Act allows the State to be a patron but it does not specify in the section which bodies within the State can be patrons, it does not say only the VEC or any other State structure can do it. We have set these schools up without any legislative underpinning. If ever there was an example of the Department of Education and Skills at its legislative worst, it is surely this.

As Deputy Quinn pointed out, there is a constitutional issue on the question of religious tuition within those schools. If we read Professor Coolahan's evidence to the Supreme Court on a number of cases, it sums things up well - we have never had State schools in Ireland, rather a State-supported system of schooling. Outside of the model schools, which were historically State schools, and the new VEC schools, we have a system of supporting various schools that are in place.

I question whether the State can support denominational education where it provides it through the VEC model. That is now happening in these two new schools and will be extended. Why has this legislation not been introduced? Why have we not had the ten areas?

When Deputy Batt O'Keeffe was Minister for Education and Science, he issued a press statement every minute, with big ideas that were not thought out but were designed to grab a headline. I hope we will not go back to that. I implore the Tánaiste to think about this.

I welcome this debate. It should be in-depth and constructive, and held in a structured way outside this House but I cannot see that happening if we take the approach the Government is advocating.

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