Róisín Shortall (Dublin North West, Social Democrats) | Oireachtas source

I move amendment No. 1:

In page 3, between lines 26 and 27, to insert the following:“Amendment of Equal Status Act 2000

2. Section 7(3)(c) of the Equal Status Act 2000 is hereby repealed.”.

In the context of this legislation, I propose that Members move to amend the Equal Status Act 2000. I accept that the Equality (Miscellaneous Provisions) Bill 2013 before Members primarily pertains to removing some elements of discrimination in employment law, albeit, unfortunately, not all such elements, as Members will discuss later in the debate. While that is the primary purpose of the Bill, it also deals with a number of other miscellaneous matters. In that context, I propose that Members seek to amend the Equal Status Act 2000. The reason I do so is that while there are significant issues about discrimination against teachers, for example, and other employees, Members are aware that in the area of education there is significant discrimination on religious grounds which really is indefensible, given the stage our republic has reached and the age of our democracy. It is outrageous that people are discriminated against and prevented from attending their local school on religious grounds.

We have an extraordinary situation where a great many parents believe they have no choice but to have their newborn babies baptised if they are to have any chance to get them into their local school. I am sure the Minister of State agrees that this is intolerable. While he nods to the comments I am making, it is very unfortunate that the Government is not taking the opportunity to reform legislation in this area, which reform is long overdue. For that reason, I strongly urge the Minister of State to support the amendment. This is an opportunity for him to do so and I certainly expect him to do the right thing and vote in accordance with what I understand are his beliefs.

The Equal Status Act 2000 allows very definite discrimination on religious grounds. Section 7(3)(c) states:

(3) An educational establishment does not discriminate under subsection (2)by reason only that...(c) where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school...

In this day and age it is indefensible to still have such legislation in the Statute Book. There is a very strong case to be made that this provision is in conflict with the constitutional provision which I will discuss. On any ground that is not an acceptable provision in the context of State-funded schools. It means that in the case of at least 20% of schools parents and their children are being discriminated against by virtue of their religious beliefs. I do not know how any Government could stand over this.

There is a clear demand for equality in education. In any modern democracy this must be provided for. It is simply not acceptable that a child can be refused a place in a local school purely on the basis of religion. The education system should reflect and respect the diversity of Irish society and the citizens it is supposed to serve. The Government has a responsibility to ensure all children can access State-funded school places in their locality. It is simply unacceptable that parents are required to have their children baptised for the sole purpose of getting them into their local school.

Article 44.2.3° of the Constitution states: "The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status". However, the Equal Status Act allows discrimination on these grounds when it comes to school enrolment.

Overall, progress in ensuring greater pluralism in the education system has been painfully slow. The Government should now set out a clear transition plan to move away from having 96% of State-funded schools denominationally controlled. We need to move rapidly to a system that reflects the diversity of Irish society. It is not enough to say people can choose an education for their children in keeping with their religious beliefs, yet when these schools are not available within a reasonable distance they have no choice but to attend a denominational school, if they are lucky enough to get in. As we know, of course, in many cases, they cannot get in, unless their parents are prepared to have them baptised, very often in direct conflict with their own belief system. Having that kind of regime is intolerable.

Several people are leading the way in campaigning to bring about the necessary reform. I wish the same commitment to a modern day education system that is inclusive and recognises the diversity of Irish society was shared by the Government. We were told that elements of the Government were supportive, but when it comes to legislating, these elements have been found wanting.

I will quote what various people are saying about the issue, starting with the Catholic Archbishop of Dublin, Diarmuid Martin, who said last year:

Pluralism is something we should welcome...

A clear plurality will make it easier for teachers to find an environment in which they can be true to their convictions. [The same, of course, applies to students in schools.] It requires a new and mature culture of dialogue about values, including religious values, and a culture which respects religious values.

Earlier this year the archbishop said:

Faith can and does play a role in the future of Irish education and not just in a marginal way ... We need to reassure them that faith cannot be imposed and one should not attempt to impose it. But when faith gives one an added dimension, one which enriches what is purely technical, that contribution should be welcomed by all.

Indeed the common desire towards a vision of a pluralist Ireland which both those who hold a secular viewpoint of life and those whose lives are faith inspired will only be achieved through a process of mature dialogue, respectful discussion of differences and a sharing of common concerns.

I absolutely support this. That approach to diversity and mutual respect is not possible under the current primary and secondary school system, which is shameful.

Just last month the archbishop said:

We need a society where people who believe, people who are searching, people who doubt and people who reject religious values can live in a new mature relationship of dialogue and seeking. Enlightened secular society does not need to fear dialogue with men and women who believe or vice-versa.

Therefore, while Irish society and the Catholic Church are moving on and have a much more enlightened view of denominational education and while many in this House are demanding urgent reform, unfortunately, the Government is stuck back a few decades ago and not prepared to commit to introducing the reforms that are so badly needed.

Other eminent bodies should be quoted in this debate. Last year the European Court of Human Rights heard a case involving a different form of discrimination but its findings are still relevant to this point. Last year in referring to the Louise O'Keeffe case it found that the State was responsible, even though it had outsourced its obligation to non-State entities. The State cannot absolve itself from the responsibility to protect the rights of all parents and children in the education system and delegate it to private patron bodies. It is responsible and has a positive obligation under the European convention to protect the rights of all parents and their children in the education system. Patently, it is not doing this.

The European Court of Human Rights also found that this model of primary education appeared to be unique in Europe and that it was not possible to stand over such an arm's length approach to such a responsibility. The State, in outsourcing its responsibility to provide schools and for their governance and in paying for that system of education, has a clear responsibility to uphold children's rights within it.

Another eminent source, the Constitutional Review Group, some time ago, made the following comments:

Article 44.2.4° may be thought to represent something of an exception to the general rule contained in Article 44.2.3° that the State shall not endow any religion. Accordingly, if a school under the control of a religious denomination accepts State funding, it must be prepared to accept that this aid is not given unconditionally.

It went on to say:

If Article 44.2.4° did not provide these safeguards, the State might well be in breach of its international obligations, inasmuch as it might mean that a significant number of children of minority religions (or those with no religion) might be coerced by force of circumstances to attend a school which did not cater for their particular religious views or their conscientious objections. If this were to occur, it would also mean that the State would be in breach of its obligations under Article 42.3.1°

Those comments and findings were arrived at by the Constitutional Review Group in 1995. It is just extraordinary; and here we are so many years later and still the system has not been reformed.

I made the point earlier that it is my strong view that the Equal Status Act is in breach of the constitutional provisions in respect of religion and education. We know that in Article 42.3.1° of the Constitution, in respect of education, the following provision is made: "The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State." It goes on to say: "The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation." That is not happening. While the school provides for primary education it does not currently respect the ethos or religious beliefs of parents because parents are forced into a situation whereby if they want to get their children into a State-funded primary school in their locality, if the school is over-subscribed, they have no chance of getting in unless their child is baptised. Again, that is an entirely indefensible position and the Government looks as if it is going to continue to stand over that.

In relation to the matter of religion in the Constitution, Article 44.2.1° provides: "Freedom of conscience and the free profession and practice of religion are, subject to public order and morality, guaranteed to every citizen." That is not happening at the moment. Article 44.2.3° states: “The State shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.” It is quite clear that the State is discriminating against children who are not baptised in so far as they cannot access a school within a reasonable distance of their home.

Article 44.4.4° provides that: “Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.” It is all very well that there is constitutional provision ensuring that children attending a school do not have to attend religious instruction, but that provision assumes that such children can get into the school in the first place when the reality for too many children is that they cannot. The implication of the constitutional provision to which I have referred is that children would have access to and get into a school of a different belief system to their own, and in those circumstances they would not have to attend faith instruction. There are umpteen sources, including the Constitution, which make it clear that it is not acceptable constitutionally and it is not acceptable under international law to discriminate against children, to say to four year olds and five year olds that because their parents did not baptise them that they cannot get access to a State-funded local primary school. There are no circumstances at all in which that can be defended or justified.

There has been ample opportunity for the Government to reform the law in this regard. The provision of education and providing for pluralist options for all children throughout the country is another matter entirely. We will talk some other day about the lack of recognition and lack of provision for non-faith schools or multidenominational schools, but on this net point about the clear situation that prevails at the moment, whereby four year olds and five year olds are being discriminated against solely on the grounds that they are not baptised, cannot be defended on any grounds. It is the height of hypocrisy that we say to parents as a State that one’s children will not get access to a State school in the locality unless one’s child is baptised. It just makes a mockery of the State and the supposed independence of the State. It also makes a mockery of religion. The fact is very much recognised by Archbishop Diarmuid Martin, who knows that the current situation is intolerable and it is not in the interests of anybody, whatever their ethos, religious belief or non-religious belief to allow that to continue.

The Minister of State, Deputy Aodhán Ó Ríordáin, has had opportunities to deal with the issue. It is not as if he does not know it is a pressing issue. It is something that comes up on a regular basis. Recently, a petition of 20,000 names was presented to the Government, whereby people were demanding their right as citizens and taxpayers in this country to have access for their children to their local State schools.

The Minister for Education and Skills, Deputy Jan O'Sullivan, has talked about the need to do something in this area. She has promised an education admissions Bill sometime shortly but it is very difficult to see such a Bill being prepared and passed this side of a general election. Even if it was, quite extraordinarily, the Minister has stated that while she is going to deal with a number of aspects of school admissions and intake policies that need reform, she is not going to deal with the most glaring example of discrimination, namely, the religious ground. It is just beyond belief that a Minister would recognise there is a serious issue of discrimination that needs to be tackled, she has promised to introduce a Bill that deals with the very issue of admission to schools, yet she says she will not address this most pressing issue.

I do not know what her thinking is on that.

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