Mick Barry (Cork North Central, Anti-Austerity Alliance) | Oireachtas source

The Government has used the Constitution as an excuse for the lack of action on this issue. It contends that the State is obliged to maintain a situation whereby the interests of religious institutions are placed ahead of the right of freedom of religion, the right to access education and the right to opt out of religious instruction. We do not agree with this interpretation of the constitutional position. There is no absolute right on the part of religious organisations to discriminate, especially when they are receiving State funds to provide the State's education system. Constitutionally, the Oireachtas is allowed to legislate to set a balance between competing rights. There is no constitutional prohibition on the Oireachtas ending religious discrimination in school admissions and directing schools to have religious instruction at the end of the school day after core school hours. The only thing lacking is the political will of the establishment parties to implement legislative change that would displease the Roman Catholic Church. Let us suppose the constitutional position did not allow for the necessary legislation. If the Government were serious, it would bring forward a constitutional amendment and hold a referendum to ensure education equality. If the Government did this, it would be supported by voters strongly.

The Anti-Austerity Alliance welcomes the Bill because it would lead to a dilution of the current wording of section 7(3)(c) of the Equal Status Act. The Labour Party Bill would essentially change the pecking order in school admissions policies by allowing local children not of the religion of the school second priority after local children of the religion of the school. This would be a slight improvement but it is still insufficient and it is not what the hundreds of parents who are campaigning on this issue are seeking. The Labour Party Bill also legislates for due regard to be afforded to vindicating the rights of those not taking part in religious instruction. However, the parts of the Education Act that make this difficult in practice will stay on the books.

The Socialist Party and the Anti-Austerity Alliance advocate for complete separation of church and State. We do not believe the State should interfere in people's religion and we do not believe the teachings of religion should inform State laws. Religious organisations should not run State services in education and health. Such services should be well funded by the State, open to all and run democratically. Although we will be voting for this Bill on Thursday, we remain committed to reintroducing the Equal Participation in Schools Bill in the coming weeks. If the Labour Party Bill is passed, we will bring forward amendments on Committee and Report Stages.

There should also be changes in legislation, in particular, section 30 of the Education Act, to end the current position of the Minister having to be deferential to school patrons. Our Bill would require religious instruction to take place at the end of the school day after core school hours. We encourage parents and all those interested in equality to continue their campaigning work. We encourage people to attend the Education Equality gathering for change this coming Sunday at 3 p.m. in St. Stephen's Green.

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