Seán Sherlock (Cork East, Labour)

I thank the Deputies for raising this issue. I reiterate my concern at the treatment of this young person which is completely at variance with any republican principle to which we adhere as democrats. The manner in which this young person was treated was also un-Christian. I sympathise with her and agree with the Deputies.

I can confirm to the House that the Department and the Minister take this matter very seriously. On foot of correspondence from the Ombudsman for Children, the Department has initiated an inspection of the school concerned and that inspection is ongoing. The first part involved an unannounced incidental inspection visit which took place in February. A second inspection visit will be completed this month. It is expected that the report on the inspection will be completed before the end of June. In order not to prejudice the outcome of the inspector's report, I do not propose to comment further on the specific case. That is not to fudge the issue, but in respect of enrolments generally, the current position is that every school is legally obliged to publish its enrolment policy in such a manner as the board, with the agreement of the patron, considers appropriate. Section 29 of the Education Act 1998 provides parents with an appeals process where a board of management of a school, or a person acting on behalf of the board, refuses enrolment to a student. Where a school refuses to enrol a pupil, it is obliged to inform parents of their right under section 29 of the Education Act 1998 to appeal that decision to the Secretary General of the Department of Education and Skills.

The Minister has made the issue of reform of enrolment in schools a priority since taking up office. Last June he published a discussion document on school admissions aimed at leading to changes in regulations and legislation on how primary and post-primary schools allocated places to students. Central to the question of enrolment is the need to ensure a fair and transparent system in all schools which does not discriminate unfairly against students or parents. The discussion paper on a regulatory framework for school enrolment contains suggestions on how the process of enrolling in schools can be made more open, equitable and consistent. The has made it clear that the paper was not meant to be prescriptive, nor have any decisions been made as to what elements will be contained in any final regulations or legislation. The purpose of the paper was to lead and provoke debate on enrolment policies and practices.

Education partners and interested parties were invited to submit their views to the Department by 28 October last and officials are co-ordinating the submissions received. The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment. The Minister intends to bring legislative proposals to Government this year, the primary aim of which will be to ensure every child is treated fairly and has a place at school.

I hope this answer is an adequate response to the questions raised by the Deputies. There is no timeframe for the legislation. With regard to enrolment policy, there should be no distinction between publicly and privately funded schools. That is a personal opinion. If we cherish all the children equally, where they go to school should not affect how they are treated. That is a personal view but it is one I would articulate in any legislative piece and I have made my view known to the Minister

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