Seán Crowe (Dublin South West, Sinn Fein)
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Question 506: To ask the Minister for Education and Science her views on the way in which the parents of 135 children in Littlepace, Dublin 15 are unable to meet their legal obligations under the Education Welfare Act 2000 due to the failure of her Department to provide adequate primary school places. [13213/06]

Seán Crowe (Dublin South West, Sinn Fein)
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Question 507: To ask the Minister for Education and Science if she will report on the number of children who are on school waiting lists in the Dublin 15 area. [13214/06]

Seán Crowe (Dublin South West, Sinn Fein)
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Question 508: To ask the Minister for Education and Science the steps she intends to take to ensure that parents' rights under the Constitution are not violated by the failure to provide adequate school places in Dublin 15. [13215/06]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 506 to 508, inclusive, together.

I am conscious that the Dublin 15 area as a whole is one of the most rapidly developing areas in the country and, as a result, there has been a marked increase in the demand for primary school places. My Department is taking a number of measures to increase the capacity of existing schools in the area concerned along with the development of new schools to meet this growing demand. All building projects arising from these interventions are awarded a band 1 priority rating under my Department's prioritisation criteria for large scale building projects to ensure that they are delivered as expeditiously as possible.

In the Littlepace-Castaheaney area a new school building has recently been completed at Mary Mother of Hope national school, with an additional project underway with a target delivery date of September 2007. In addition, a 32-classroom campus is planned for a school site at Ongar. This project will provide a permanent accommodation solution for Castaheaney Educate Together national school. It also has a target completion date of September 2007. This area is also served by the Scared Heart national school, Huntstown, where an extension project to provide a 32 classroom school is nearing completion.

In the Diswellstown area, St. Patrick's national school has recently moved into a new 24 classroom school. This will facilitate an annual three stream intake. However, as an exceptional matter the board of management ill consider taking a fourth stream of junior infants this year. In addition, my Department is currently in discussions with St. Mochta's national school regarding the possibility of it expanding to cater for an annual four-stream intake. The school currently has an intake of three junior infant classes. An extension to cater for this development will also attract a band 1 priority rating. The possible need for further accommodation is under active consideration and my Department is engaging with the key patron bodies active in the area in this regard. Other developments in the Dublin 15 area include the planned expansion of St. Brigid's national school in Castleknock and extensions to St. Brigid's boys and girls national schools, Blanchardstown.

With regard to parents obligations Under the Education (Welfare) Act the position is that, parents are required to ensure that children aged between six and 16 attend school regularly. A person under the age of six is not, therefore, a child for the purposes of the Act and a parent is not under a legal obligation to ensure their attendance at school. Given that there is no question of any six year old year being unable to obtain a place to enrol in junior infants in the Dublin 15 area, parents obligations under the Education (Welfare) act are not affected.

With regard to the Constitution and the particular article referred to by the Deputy, this states, "The State shall not oblige parents in violation of their conscience and lawful preference to send their children to schools established by the State, or to any particular type of school designated by the State". Statutory rights to choice of school derives from the Education Act 1998, section 6 of which provides for a number of objects to which those concerned with the implementation of the Act must have regard, including promoting "the right of parents to send their children to a school of the parents' choice having regard to the rights of patrons and the effective and efficient use of resources". In addition, section 15 (2)(d) of the 1998 Act provides that a board of management of a primary school shall: "publish, in such manner as the board with the agreement of the patron considers appropriate, the policy of the school concerning admission to and participation in the school ... and 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 and such directions as may be made from time to time by the Minister, having regard to the characteristic spirit of the school and the constitutional rights of all persons concerned, are complied with". It is the responsibility of the managerial authorities of schools that are not in a position to admit all pupils seeking entry to implement an enrolment policy in accordance with the Education Act. In this regard a board of management may find it necessary to restrict enrolment to children from a particular area or a particular age group or, occasionally, on the basis of some other criterion. While my Department would support diverse educational provision in an area, ultimately the extent of such diversity depends on the willingness of a patron body to provide education with any particular ethos. In the final analysis, it is my Department's remit to ensure that all schools between them in any given area have sufficient accommodation to facilitate all those seeking places in the context of the schools enrolment policies.