Finian McGrath (Dublin North Central, Independent)
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Question 177: To ask the Minister for Education and Skills if a second level school may refuse a pupil a place on religious grounds; and if secondary schools are allowed to have different entrance criteria. [34089/11]

Ruairi Quinn (Dublin South East, Labour)
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It is the responsibility of the managerial authorities of individual schools to implement an enrolment policy in accordance with the Education Act, 1998. 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. The criteria to be applied by schools in such circumstances are a matter for the schools themselves. 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.

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 rights of parents to send their children to a school of the parents choice are respected.

Equality legislation, which also outlaws discrimination in relation to the admission of a student, makes provision for exemptions to apply in the case of single sex schools and in the case of schools where the objective is to provide education in an environment that promotes certain religious values. The legislation provides that any school that has this objective may admit a student of a particular religious denomination in preference to other students.

The Deputy will be aware that earlier this year, I launched a discussion paper on school enrolment. The document, "Discussion Paper on a Regulatory Framework for School Enrolment" contains suggestions on how to make the process of enrolling in schools more open, equitable and consistent. I invited education partners and interested parties to submit their views to my Department by the 28th of October.

The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment.