Emmet Stagg (Kildare North, Labour)
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Question 95: To ask the Minister for Education and Science if his attention has been drawn to the recent NCCA survey indicating that 44% of schools suffer from creaming off of students; the action he will take to achieve more balance in ability and social background of students; and if he will make a statement on the matter. [14363/04]

Noel Dempsey (Meath, Fianna Fail)
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The selection and enrolment of pupils in second level schools is the responsibility of the authorities of the individual school. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to disclose its enrolment policy and to ensure that as regards that policy principles of equality and the right of parents to send their children to a school of the parents' choice are respected.

In relation to the application of fair and objective entrance criteria for entry to second level schools, my Department has agreed with the three post-primary managerial associations that the selection of pupils for enrolment in second level schools should not be based on academic ability. The principle of the school working in and for the community it serves should be emphasised. On that basis, emphasis should be placed by post-primary schools on catering, in the first instance, for children from their own communities and catchment areas.

Officials in my Department are in consultation with officials in the Office of the Parliamentary Counsel to the Government with a view to drawing up regulations under the Act governing the preparation of admissions policies. This work is ongoing and will be concluded as speedily as possible. The purpose of these proposed regulations is to promote greater consistency, transparency and accountability in decision making at school level and to further the objective, under the Education Act, of equality and participation in education.