Carol Nolan (Offaly, Sinn Fein) | Oireachtas source

On behalf of my party, Sinn Féin, I broadly welcome this Bill as an important first step in providing parents with transparency on, in particular, the criteria to be used for selection in school admissions. The Bill contains many important provisions and will require schools, for the first time, to prepare and publish comprehensive admissions policies. We particularly welcome the fact that agencies such as the National Council for Special Education and Tusla will have the power to designate a school place for a child in difficulty of securing admission to school. The fact that the practice of fees and contributions for an enrolment or continued enrolment at school has been prohibited, save in limited circumstances, is also welcome, although I must admit that I am not clear as to what affect this will have on the growing phenomenon of the “voluntary" contribution that is keeping many schools open in light of slashed resources.

These are the positive aspects of the Bill but I must also admit that the Bill, as presented here today, is a missed opportunity. There should be much more in it to address other issues, particularly that of religious discrimination.

I appreciate that for the vast majority of schools there are no major issues around admissions. Where there are enough places for those who apply, each child is offered a place. However, in situations where a school is oversubscribed, there can be serious problems with the admission criteria applied by schools. The issue of religious discrimination in this context is by far the most pressing issue for many parents. The United Nations, the Irish Human Rights and Equality Commission and the Office of the Ombudsman for Children have all recommended that the Equal Status Act be amended to give effect to the principle that no child should be given preferential access to a publicly funded school on the basis of their religion. Countless campaign groups and commentators have called for the repeal of this law and there is a real sense that the campaign is growing momentum yet the Bill is silent on this fundamental issue. Let us be clear, this Bill will not do a single thing to change the status quoand, in fact, reaffirms it by restating the provision of the Equal Status Act. Furthermore, while the Bill will place an onus on schools to publish arrangements for those who wish to opt out of religious instruction, there is no minimum standard set down in this regard and there is no provision for the Minister to regulate in this area. The right to opt out of religious instruction in school is one that is set down by our Constitution. It is fundamental and yet nothing has been done by successive Governments to ensure that children who wish to assert that right can do so effectively in practice. Schools have been left to their own devices in this regard and it is just not good enough.

Another area of considerable concern is that of access for children with special needs. I welcome the provision of the Bill that gives power to the National Council for Special Education to designate a place for a child that cannot secure one. However, I have some reservations about the impact of the Bill in this regard. First, will it be the case that all avenues must be exhausted before the NCSE can step in? Is it fair on parents to put them through a rigmarole of applying to every school in the county just to secure a place for their child? Children with special educational needs have as much right to attend their nearest school, where possible, and this Bill will need to reflect that. Furthermore, the issue of the establishment of special classes where there is clear local demand and need for such classes is not provided for in this Bill. We see particularly in cases of children on the autism spectrum that suitable places simply are not available and the NCSE must be given powers to address this where possible. This Bill is an opportunity to address this. There is also the need for an appeals process for parents in response to the designation of a school place where there is a genuine belief that the place designated is not suitable or not in the best interests of the child. In many cases, this issue boils down to resources and I am firmly of the view that a statutory timeframe for the provision of suitable resources for children with special educational needs would address many of the concerns of schools in this regard. It is something that should be seriously considered as the Bill progresses. While I appreciate the Minister has proposed a new resource allocation model, I reserve judgment on the proposal until the report of the pilot project is published. The fact that, under this new model, schools will have their resources set for a three-year time period is of concern. We need clarity on it. We need to see the published report. It is not clear how the model will work in providing schools with the necessary resources to provide for new admissions of students with special educational needs. It is clear that both the new resource allocation model and the admissions legislation need to be considered in tandem as they develop and progress. The measures must complement each other and we cannot realistically expect schools to be in a position to implement inclusive admissions policies. The majority of them would like to do so but they simply do not have the resources in many cases. Such short-sighted approaches are unfair on both schools and children.

Sinn Féin believes 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 without discrimination on any ground, including disability or religion. Sinn Féin has campaigned heavily on this issue and last year we produced a Bill that would eradicate religious discrimination in access to education. I commend my predecessor, Deputy Jonathan O’Brien, for his hard work on this issue. The support we give to this Bill tonight is a qualified support. My party would like to see this issue debated thoroughly with the views of all stakeholders taken into account. The State clearly has an obligation to ensure the rights of all our children are protected and it must take action to ensure that this is the case. This Bill does not go far enough to achieve that and we will be seeking to amend it on Committee Stage to ensure the most robust possible protection is in place for all of our children.

I look forward to working with my colleagues on this issue and making the most of this opportunity to ensure equal access to education.

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