Clare Daly (Dublin North, Socialist Party)
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Question 58: To ask the Minister for Education and Skills following the submission by Equality For Fathers to the UPR Secretariat (details supplied) for the recent report to the United Nations Universal Periodic Review, which made him aware of a number of Equality Tribunal cases taken by men acting as guardians on behalf of their children, the way he proposes to address the failure of schools to require joint parental consent for the enrolment of children. [31943/11]

Ruairi Quinn (Dublin South East, Labour)
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The selection and enrolment of pupils in 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 that principles of equality and the right of parents to send their children to a school of the parents choice are respected.

Article 42 of the Constitution provides for the right of parents to choose the form of education they provide or to have provided to their children. Primary legislation gives effect to this right and includes the Education Act 1998 and the Education (Welfare) Act 2000.

None of the foregoing legislation specifically distinguishes between parents who act in concert and those who disagree and are separated, divorced or unmarried. Enrolment of children is, in the first instance, a matter for Boards of Management who must address the circumstances of each case while respecting any order made by the Court in relation to the custody and welfare of the child.

In general, it is my Department's view that both parents should be encouraged to take an active interest in their children's education and it is to the benefit of the children and the school when they do. It is appreciated that practical difficulties for schools can arise where parents are separated. However, my Department's approach to the issue of the rights of separated parents to involvement in their children's education is that the rights of both parents should be respected and given meaningful, practical expression in matters such as school reports, attendance at parent/teacher meetings and other school functions and that generally both parents should receive the same information and level of co-operation from the school. A qualification to that approach would arise where the best interest of the child required a different approach.

Schools are best placed to exercise their own judgements as to what is appropriate in each individual case given their particular knowledge of the individual circumstances and having regard to any order made by the Court in relation to the custody and welfare of the child. I launched a public discussion paper last June on the area of school admissions and enrolment. The document, "Discussion Paper on a Regulatory Framework for School Enrolment" is available on the Department's website (www.education.ie) and contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent.

I wish to make clear that the paper was not meant to be prescriptive, nor have any decisions been made as to what elements will be contained in any final regulations or legislation. The purpose of the paper was to lead and provoke debate on enrolment policies and practices.

I invited education partners and interested parties to submit their views to my Department by Friday last, 28th October and one of the submissions made was from Equality For Fathers. The feedback from this important consultation with the public will help inform the nature and scope of a new regulatory framework for school enrolment.