Paul Murphy (Dublin South West, Anti-Austerity Alliance)
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11. To ask the Minister for Education and Skills his views on the practice in schools where a child's parents or a young person over 18 years of age opts out of religious instruction; if he will issue guidelines to ensure this right is vindicated; and if he will make a statement on the matter. [18269/16]

Paul Murphy (Dublin South West, Anti-Austerity Alliance)
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Parents have a constitutional right to opt out of religious instruction for their children in schools, as do school pupils when they reach 18 years. In practice, this right is often only partially vindicated at best. Will the Minister issue guidelines to ensure it is fully vindicated?

Richard Bruton (Dublin Bay North, Fine Gael)
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Under the Constitution and in accordance with section 30 of the Education Act 1998, parents have a right to have their children opt out of religion classes if they so wish. The manner in which any school ensures the right to opt out of religion classes is upheld is a matter for the school concerned. Each individual school must determine the particular arrangements which are most appropriate in its individual circumstances, having regard to local issues such as available space, supervision requirements and how the school concerned organises classes, etc.

The follow-up paper to the report of the forum on patronage and pluralism in the primary sector, which was published in 2014, outlines good practice and options for promoting diversity in all schools. The paper gives an overview of different types of arrangements schools have put in place to facilitate those pupils who wish to opt out of religious education. The paper encourages school authorities to consider their policies and practices and review whether they are taking the steps necessary to welcome all pupils and make them feel included. I understand that in the case of Catholic schools, the Catholic Schools Partnership subsequently published guidelines for Catholic schools regarding the inclusion of all pupils and that this also contains suggestions on how such schools can manage the opt-out of religious education.

Difficulties could be avoided if, from the outset, a school's arrangements for those students who do not wish to attend religious instruction are made clear to parents. In that regard, the programme for Government contains a commitment to publish new school admissions legislation taking into account current draft proposals. The previously published Education (Admission to Schools) Bill included a specific requirement that school enrolment policies must include details of the school's arrangements for any students who do not wish to attend religious instruction. This is an important measure which will help ensure transparency from the outset as to how a school will uphold the rights of parents in this regard. It is my intention to retain this measure in the new legislative proposals. I have commenced a process of consultation and it is my intention to publish a new admissions Bill in the current Dáil session.

A crucial way of dealing with this issue is to provide additional choice to parents. In this regard, the programme for Government commits to increasing the rate of provision of multidenominational schools, reaching 400 by 2030.

Paul Murphy (Dublin South West, Anti-Austerity Alliance)
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We stand for the complete separation of church and State and for religious instruction to be carried out separately from schooling and entirely protected from any discrimination by the State. Leaving that aside for a moment, within the current framework, constitutional rights are not simply a matter for the schools concerned because the State has a role in vindicating and upholding constitutional rights. In most cases the response to people who express a wish that their children do not have religious instruction or do not have a particular type of religious instruction is problematic. There is no separation of religious instruction in State schools and children whose parents do not want them to participate in religious instruction often sit at the back of the classroom while religion is being taught where they hear and partially participate in the class. There are no set times during which parents can plan to remove their children from the school and there is no provision for separate supervision. Guidelines and instructions are clearly needed in this area.

Richard Bruton (Dublin Bay North, Fine Gael)
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We could consider this issue further. I understand the admissions policy will improve the position in that it will clarify the matter by requiring schools to set out their policy. If a schools policy were discriminatory, parents could pursue the matter through equal status legislation and they would also have redress through the Office of the Ombudsman for Children, which could investigate individual complaints concerning the actions of a recognised school. There are, therefore, procedures in place to address this issue.

The issue of ensuring religious instruction respects constitutional rights is one that is worthy of attention and I will examine it. A great deal is being done in this area. A Private Members' Bill on this issue will be tabled later and I intend to publish legislation on school admissions. I plan to take a very active approach to this issue. The priority will be to develop a range of schools in order that parents can have their children educated in the ethos of their choosing.

Paul Murphy (Dublin South West, Anti-Austerity Alliance)
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While I welcome the Minister's response, choice is not an alternative to equality. Children have a clear right to be educated and people have a right to freedom of religion. An increase in the number of multidenominational schools would be welcome, as would clarity on admission policies, but if choice is available only at the point at which parents choose schools, the position will remain problematic. Parents and students must be able to opt in or out of religious instruction, irrespective of what school the child attends. The fundamental point is that a direction should be issued requiring schools to separate religious instruction from normal classes, as opposed to integrating it into the curriculum, and to provide it outside core hours. Parents could then opt to have their child participate in these classes as opposed to having a system from which parents must opt out, with all the complications such a system has, including the potential to isolate children from their peers.

Richard Bruton (Dublin Bay North, Fine Gael)
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The Deputy's suggestion goes a good deal further. We must recognise that the Constitution protects the right of religions to run schools and provide for their religious ethos. Equally, parents have a constitutional right to choose not to have their children participate in religion instruction and their participation should be in a programme of values that does not make the child feel excluded from participation in the school. It is important that schools seek to deliver this right. At the same time, we must recognise that the Constitution protects religions and their right to organise their affairs. A balance must be struck and it is in the area of balance that I seek to operate.