Carol Nolan (Offaly, Sinn Fein) | Oireachtas source

Ba mhaith liom buíochas a ghabháil leis an Cheann Comhairle as ucht deis a thabhairt dom labhairt ar an mBille seo.

I welcome this Bill as an attempt to address the issue of religious discrimination in access to education, which has come to the fore in recent times as the school population has become more and more diverse. I am glad Deputies have an opportunity to address it in the Chamber. Section 7 of the Equal Status Act 2000, which has been interpreted to allow schools to discriminate between students on the grounds of religion, has been roundly condemned by campaign groups and teachers' unions, including the Irish National Teachers Organisation and the Teachers Union of Ireland. In 2011, the UN Human Rights Council recommended that Ireland eliminate religious discrimination in access to education. The Ombudsman for Children has also recommended that the relevant legislative provision be amended.

While I appreciate that the vast majority of schools operate fair admissions policies and do their best to accommodate all children, discrimination in admissions policies has become an issue in some areas, particularly where schools are over-subscribed. Unfortunately, it is not only in the area of religion that children face barriers in terms of access to education. A problem also arises in respect of children with special educational needs who often face a variety of soft barriers in accessing their local school, an issue highlighted recently by the National Council for Special Education. It is my understanding that this issue will be addressed in the upcoming admissions legislation due to be published by the Government. I and my colleagues look forward to engaging to ensure that children with special educational needs can access education on an equal footing with their peers.

While I broadly support the sentiments behind the Bill, I also have a number of concerns. The legislation appears to retain the right of denominational schools in receipt of State funding to give preference to pupils of that denomination in terms of access to education. While this is no doubt an attempt to overcome potential constitutional issues and secure the maximum possible political support for the Bill, it is an issue of serious concern. It is a sad reflection on this House that in 2016 we cannot simply give effect to the right of every child to receive an education without facing any form of discrimination.

The Sinn Féin position is that the right to education is a fundamental human right and every child should be able to access his or her local State-funded school on an equal footing and without discrimination, including discrimination based on disability or religion. Sinn Féin has campaigned heavily on this issue and last year produced a Bill that would eradicate discrimination in access to education. In that regard, I commend my predecessor as Sinn Féin spokesperson on education, Deputy Jonathan O'Brien, on the hard work he did on this issue.

Sinn Féin's support for the Bill is qualified. My party would like the issue to be debated thoroughly and the views of all stakeholders taken into account. We appreciate there is a need to examine the constitutional workings of an amendment to the Equal Status Act in respect of the rights of all children and their parents to practise their beliefs. We would like an opportunity to further examine this issue on Committee Stage, with a view to developing a position that ensures the constitutional rights of every child are balanced in a fair and equitable manner. The State has an obligation to ensure the rights of all children are protected and it must take action to ensure this is the case. My fear is that this Bill will not achieve this objective. For this reason, we will seek to amend it on Committee Stage to ensure the most robust possible protection is in place for all children. I look forward to working with all my colleagues on this issue and making the most of this genuine opportunity to ensure equal access to education for each and every child in the State.

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