Joan Burton (Dublin West, Labour)
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4. To ask the Minister for Education and Skills if he has reviewed the recently published Labour Party Equal Status (Admission to Schools) Bill; if he supports the aims and objectives of the Bill; and if he will make a statement on the matter. [18564/16]

Joan Burton (Dublin West, Labour)
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Following on from the previous discussion, does the Minister agree it is unfair and discriminatory that parents feel they have to baptise their child in a particular religion to have a serious chance, if not certainty, of securing a local school place in the area where the child lives? Will the Minister consider supporting, therefore, the Labour Party's Bill, which proposes to amend the Equal Status Acts and seeks to balance the constitutional right of religious bodies to organise and run schools with the rights of the child to have access to his or her local school?

Richard Bruton (Dublin Bay North, Fine Gael)
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I am sympathetic to the case the Deputy has made in that Bill but I am conscious that the previous Oireachtas education committee, which conducted pre-legislative scrutiny of the Education (Admissions to School) Bill 2015, acknowledged the potential tensions between articles of the Constitution relating to education and religion and concluded that it poses a particular difficulty when legislating in this policy area. The Deputy's Bill has sought to steer a way through that but it is important we make sure it is robust and that there are not unintended consequences as a result of this proposal. This is why the incoming education committee should be given a period to hold hearings on the legislation and to assess it.

In reply to Deputy Byrne, I acknowledged that it is unfair if a school is going outside an area to recruit coreligionists while those close to it are not given an opportunity. It is only fair, though, to acknowledge that 80% of schools are not oversubscribed and the admissions Bill would have made it obligatory for denominational schools that are not oversubscribed to accept all those who apply. There is provision in that Bill to deal with one aspect of this but the Deputy has raised another aspect and I look forward to discussing the Bill later. It is to be hoped we can advance on that basis.

Joan Burton (Dublin West, Labour)
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The purpose of the Labour Party Bill is to acknowledge the constitutional right for religions to be recognised and practised as people wish. That is agreed by most parties in the House, if not all. However, we are faced with an uncomfortable scenario where parents, especially when their first child attends school, find out that unless they are of a particular religion, they are unlikely to gain access to the school. This is often particularly significant for people of a Catholic background. Our Bill would give much greater protection to minority religions because to maintain the ethos of the school, 51% of the students must of that religion. That would considerably strengthen the position for minority religions compared with the current position.

I do not understand the Minister's diffidence in dealing with this. The Bill will not amend education legislation. It will amend the Equal Status Act, which is equality legislation. I understand him raising other points but this is just about equal status and seeking to calibrate rights for the religion, the student and the family.

Richard Bruton (Dublin Bay North, Fine Gael)
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It has become standard and good practice to have pre-legislative scrutiny of all Bills that will come before the House. This Bill raises complex legal and constitutional issues, which I do not say make it unviable, but they need to be examined. That was recognised by the previous Oireachtas education committee and, bearing that in mind, we need to do that. I refer to the way minority religions are dealt with in the Bill. It is common practice that particular Protestant denominations admit those of other Protestant traditions to their schools and give preference to them. The Bill, as drafted, would stop that practice. There are issues, therefore, that we need to tease out. Giving that to the Oireachtas committee, which has the experience to do that, and allowing witnesses to appear before it is the sensible and responsible way forward. I do not pour scorn on the Bill or the effort that has been put into it, which is obvious from the way it has been drafted.

Joan Burton (Dublin West, Labour)
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I appreciate that but given the likely duration of this Dáil, the Minister has suggested a full year of consideration having had five years of consideration during the previous Dáil and more consideration during previous Dáileanna. The net point is that it is good on the whole to ensure children have a reasonable opportunity to attend school in their own neighbourhood and to make friends and all that that involves. That is provided there is no shortage of school places, which is a different scenario that can only be addressed by building more schools or expanding existing schools. Parents should not be put in a false position whereby to secure a reasonable objective they end up, perhaps against their personal wishes, having to have their child baptised. People of religious faith do not like that either. Should we not give primacy to diversity and inclusion, which many of the patron bodies have been brilliant at providing for?

Richard Bruton (Dublin Bay North, Fine Gael)
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I do not share the Deputy's poor belief in the longevity of the Government. I am optimistic that new politics will result in longevity because that is what people want.

The Bill was not part of any legislative proposal scrutinised by the House previously. That is clear from the conclusion of the previous Oireachtas committee. We need to examine the complexities, and the responsible way forward is to provide the time for the committee to conduct that examination and to come back to the House. That is the sensible and correct way to proceed, but we will have an opportunity to debate the Bill later.