Richard Bruton (Dublin Bay North, Fine Gael) | Oireachtas source

I will begin by responding to Senator Gavan. Under the existing legislation, a second-level school that provides education through the medium of Irish is free to give priority to students who have attended a Gaelscoil. Such a school can have a feeder school policy because it is perfectly provided for. The general provisions of this Bill allow for such policies, which are already in place. There is no need for an amendment of this nature because its provisions are already adequately provided for in the Bill. I am setting out the factors that a school cannot consider. I have not sought to set out the admissions strategies that schools are perfectly entitled to consider. I do not believe this amendment is necessary. It would not fit in with the approach of the Bill.

My view on amendment No. 18 is the same as that of Senator Ruane. Throughout this legislative process, we have taken the view that factors like education qualifications, interviews, tests or attendance at preschool should not be acceptable grounds for giving priority or preference when children are seeking access to primary school. There is good reason for this. As preschool in Ireland is not an entirely free provision, a measure of this nature could constitute a financial barrier. In addition, it would make it more difficult for parents who come from outside the area to seek access to a primary school. Those who are newly arrived would be at a disadvantage because they would not have been able to enrol their children in the relevant preschool. We have sought to end waiting lists by banning them and to provide for a much simpler approach. In my view, giving priority to children who have attended a local Irish-speaking preschool would not be consistent with the approach in the Bill. On that basis, I cannot support the amendment.

The last time we considered these matters, Senator Gallagher queried how a child's level of fluency in the Irish language will be defined.The only situation in which we are allowing a Gaelscoil to give priority to a child is where the child's level of fluency in the Irish language is that expected of a student who uses the Irish language as a normal means of communication in a non-educational environment, taking into account the age and any special educational needs of the student concerned. I assured Senator Gavan on the last occasion that the intention was for it to be a high bar. The intention is that there is age-appropriate fluency associated with using Irish in one's normal life. The Senator expressed concern that attendance at a naíonra would give a child access but that is not the intention. It is a high bar. In light of the concerns the Senator expressed, I will set out procedures for section 29 appeals which are provided for in the Bill. In those procedures, I will take the opportunity to give clarity on how the definition should be interpreted in appeals. It will set out a guideline for schools. The appeal mechanism will set out what it means and what is expected of a child who has reached this level of fluency. The intention is to ensure children who come from homes where Irish is spoken as a normal part of their lives get preferential access to Gaelscoileanna so their level of fluency does not regress. I thought it was a desirable objective which was raised in the Lower House and which I have accommodated here without transgressing on constitutional rights. As we discussed before, if we started to look at the parent and his or her background and whether he or she was speaking Irish to the child, it would be discriminatory. I have chosen a provision that is robust and works. I also wanted to give the Senator some assurance because he raised the issue on Committee Stage.