Dáil debates

Tuesday, 18 May 2004

3:00 pm

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 33: To ask the Minister for Education and Science his plans to address the situation in Limerick whereby 49 children from disadvantaged areas have no secondary school to attend due to the restrictive enrolment policies of some local schools; and if he will make a statement on the matter. [14389/04]

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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I am deeply concerned about the situation in Limerick city at present where a substantial number of pupils, mainly boys from disadvantaged areas of the city, who were refused enrolment in the school of their first choice, are still experiencing difficulty in finding school places. I met community and school representatives in Limerick city in early April and was briefed on the situation.

There are 15 post-primary schools in the Limerick city area and I am satisfied that there is sufficient capacity overall in these schools to meet the demand arising from pupils leaving primary schools and progressing into second level education. In the 1994-95 school year there were more than 9,000 students enrolled in post-primary schools in Limerick city compared to 7,747 in 2002-03. Clearly, the system as a whole has the capacity to cater for these children.

The school enrolment policies of post-primary schools are the responsibility of individual school management authorities. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking second level places in that area. This may result, however, in some pupils not obtaining a place in the school of their first choice. Where a school is over-subscribed a selection process may be necessary. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.

Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under section 29 of Education Act 1998 to appeal that decision to the Secretary General of my Department. The education welfare officer in Limerick has been in contact with the parents of each pupil who was refused a place, has met and advised parents of the appeals mechanisms and has assisted them in compiling appeals where they wished to do so.

There have been 34 appeals to date against the decisions of some schools in Limerick city to refuse enrolment to applicants for the 2004-05 school year. Thirteen of these appeals have been to the City of Limerick Vocational Education Committee regarding schools which operate under that committee. The remainder have been to the Secretary General of my Department. Most of these appeals have been dealt with and my Department is in the process of informing the appellants and the schools of the outcome. Where an appeal has been upheld, the Secretary General of my Department has directed the school to enrol the pupil. Where an appeal has not been upheld the National Educational Welfare Board will assist the parents of those children in finding an alternative school place.

As well as those appeals still in progress, there remain a number of potential appeals which have not yet been admitted as additional documentation is still awaited. There are also approximately 20 children whose parents have not as yet submitted appeals. While some appeals remain outstanding it would not be appropriate for me to comment directly on the individual enrolment policies which are the substantive issues of these appeals.

Once the remaining section 29 appeals have been completed, I intend to bring together the representatives of all the primary and post-primary schools in Limerick city with other interested parties, including parent and community groups and local representatives, to address the underlying reasons that so many children were refused enrolment in a city which has more than enough school places to accommodate all applicants.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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I welcome the fact that the Minister will meet the various interested parties. There has been some progress with regard to some of the children since I tabled the question. Does the Minister accept that it is the responsibility of the Minister for Education and Science to ensure that all children under the school leaving age have the opportunity to go to school? Will the Minister ensure some measure is put in place to prevent this happening again in Limerick in future years?

This is a problem not just in Limerick. Educational apartheid is practised in all cities, whereby children from certain backgrounds go to certain schools and children from less well off backgrounds tend to be excluded from those schools in one way or another. Those schools are operating against the spirit of the Education Act 1998, if not the provisions of the Act. Will the Minister introduce regulations under section 33 of the Education Act to ensure there is equality of access to schools? This is a nationwide problem.

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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My responsibility as Minister for Education and Science is to ensure there are sufficient places within catchment boundaries to meet the needs of the pupils in that area. It is a general obligation, not a specific one. The irony of the situation in Limerick is that there are sufficient places to cater for the pupils in the area. The reason I intend to call the groups and individuals in Limerick together when the appeals have been completed is to ensure that this will not recur in the future. That is important. However, I do not have directive powers in this regard. What is required is a certain amount of goodwill and that everybody face up to their responsibilities.

I am not commenting on Limerick but, like the Deputy, I do not wish to see educational apartheid in any part of the country. I hope that by working together with the local education interests, local public representatives and so forth we can put in place a system in which everybody will shoulder responsibility and every child will have an equal chance in education, in Limerick city and throughout the country.

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Does the Minister not agree that, at present, schools can hide behind their enrolment policies to exclude certain children?

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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When one does not have directive powers and each school is, in many respects, a law unto itself, albeit working within the——

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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The Minister can make regulations.

Photo of Noel DempseyNoel Dempsey (Meath, Fianna Fail)
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Yes, I can make regulations but we cannot direct individual schools to take individual pupils except through section 29. However, I agree with the Deputy that this situation should not arise. In certain instances people may want their children to go to certain schools and we cannot facilitate that. I take the Deputy's point, in so far as there are places available, no school should be in a position to refuse people on grounds that are suspect, to say the least. Again, I am not commenting on the situation in Limerick. Regulations will help that and we will endeavour to put them in place. We already have an agreement with the managerial bodies.