Written answers
Tuesday, 22 September 2009
Department of Education and Science
School Enrolments
9:00 pm
Joanna Tuffy (Dublin Mid West, Labour)
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Question 373: To ask the Minister for Education and Science the position regarding plans to regulate enrolment policy for primary schools to ensure enrolment policies do not discriminate against minorities in their implementation; and if he will make a statement on the matter. [32188/09]
Batt O'Keeffe (Cork North West, Fianna Fail)
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The Deputy will be aware that it is the responsibility of the managerial authorities of schools to implement an enrolment policy in accordance with the Education Act and to do so in a manner that respects principles of equality. 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. This selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants.
The rights of minorities are also protected in Equality legislation which outlaws discrimination on nine distinct grounds - gender, marital status, family status, age, disability, race, sexual orientation, religious belief and membership of the traveller community. The equality legislation makes specific provision for certain aspects of the school system notably ethos and schools whose enrolment is open to one gender only.
In the event that the provisions in the Equality legislation were found to be inadequate by clear evidence of discrimination and additional protections were considered to be desirable I believe that changes to the relevant primary legislation might be necessary rather than attempting to provide them by means of regulations under the Education Act.
On the issue of enrolment policy generally a consultation process took place with the main education partners and the responses received are being considered before formulating specific proposals for action in order to address any anomalous enrolment practice that has been identified by the audit of enrolment policies.
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