Norma Foley (Kerry, Fianna Fail) | Oireachtas source

I move amendment No. 1:

To delete all words after "That" and substitute the following:

"Dáil Éireann resolves that the Education (Admission to Schools) Bill 2020 be deemed to be read a second time this day 12 months to allow for a review of the impact of the provision of section 62(10)(b) of the Education (Admission to Schools) Act 2018 to be undertaken and for that then to be taken into account in the consideration of this Bill."

I fully appreciate the intentions of Deputies Duncan Smith and Ó Ríordáin in bringing forward this Bill. I do not dispute that they mean well. However, the timing of this Bill would have serious unintended consequences for schools that are currently undertaking their admission processes for the 2021-22 school year under the existing legislation.

As the House is aware, the Education (Admission to Schools) Act 2018 was signed into law on 18 July 2018. The overall objective of the Act is to provide a new framework for school enrolment that is designed to ensure that every child is catered for and that the way in which schools decide on applications for admission is transparent. The measures provided for in the Act make the admissions process transparent and consistent for all. The Act creates confidence for parents that the admission criteria laid down by schools and the procedures used by them are visible and legitimate.

The 2018 Act is part of a suite of measures that seek to take greater account of the needs of parents and students in the school system. It provides for schools to state explicitly in their admission policies that they will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the Traveller community, race, civil status, gender or religion, while including provision for single-sex schools and denominational schools to reflect in their admission policies the exemptions applicable to such schools under equality legislation. The 2018 Act also sets out certain criteria that schools cannot take into account when deciding on an application for admission or considering an offer of a place, such as consideration of a student's academic ability, skills or aptitude, or consideration of a parent's occupation, financial status, academic ability, skills or aptitude, apart from exceptions provided by the Act.

On 14 January 2020, certain sections of the Act were commenced in order to be operational in time for the admission processes for the 2021-22 school year. From February 2020, all recognised schools in Ireland were required to draft a new school admission policy in accordance with the Act's requirements. The Act was commenced earlier this year to allow sufficient time for consultation with the patron, the staff of the school and the parents of the children attending the school, as required by the Act. The new admission policies which have been approved by patrons are now published on individual school websites. These policies will apply for admission to school for September 2021 and onwards.

Schools have worked extremely hard to develop, consult on and draft these new policies. The Act requires that any subsequent changes to a school's admission policy requires the consultation and patron approval process to be undertaken once again before the policy can be published by the school. Given that schools have just completed this process for admission to school next September, any changes required midstream would be hugely disruptive to schools, particularly at a time when they are contending with the current Covid-19 challenges.

This Bill proposes to delete section 62(10)(b) of the Education (Admissions to Schools) Act 2018, which allows schools if they so desire - and this is an important consideration - to take into account a student's connection to a school by virtue of a parent or grandparent having previously attended the school when deciding on an application for admission to that school. This is subject to a limit of 25% on the number of available places that can be filled by a school using this criterion. Schools continue to have discretion in their admission criteria and how they are applied, as long as they are non-discriminatory and transparent.

There is no evidence available at this time that indicates that the provision the Bill before the House is proposing to delete is subject to widespread use, or indeed that any difficulties are posed for those seeking admission to schools where it is in use. Schools that are not oversubscribed must accept all applicants.

Rather than opposing this Bill outright, the amendment I am proposing allows time to review the use of these admission criteria by schools in order that an informed and considered view of this proposed legislation can be formed, based on our knowledge of the use of these criteria and their impact, if any, on school admissions.

Importantly, the approach I am proposing avoids disrupting and delaying the school admissions processes for 2021-22 which are already under way in schools. I am sure the Deputies will agree with me that schools and school leaders are working tirelessly at this time to lead our school communities through the challenges of Covid-19. This timed amendment avoids unnecessarily adding to the workloads of schools at this time. This is a reasonable approach given the challenges that schools are operating in at present.

Information on how many schools will choose to invoke this 25% provision and its impact or otherwise on school enrolment will only become apparent when it becomes operational in September 2021. This amendment seeks merely to provide for an opportunity to review the use of these admissions criteria in order that an informed view of this proposed legislation can take place. Gabhaim buíochas leis an gCeann Comhairle.

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