Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 474: To ask the Minister for Justice and Equality his plans to amend the Equal Status Act to disallow schools differential treatment of applicants based on religion; and if he will make a statement on the matter. [35859/11]

Alan Shatter (Dublin South, Fine Gael)
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Equal status legislation aims to strike a necessary and appropriate balance between the right to the free profession and practice of religion, recognised by the Constitution and the principle of equality and has done so by providing a qualified exception, of limited scope, in Section 7(3) of the Equal Status Act 2000. A denominational primary or post-primary school may, under this provision, admit pupils of one religious denomination in preference to others and may refuse to take someone who is not of that denomination if this is essential to protect its religious ethos. Application of this provision is, moreover, subject to review by a court or tribunal, such review being on an objective basis and having regard to the need to reconcile the various constitutional rights involved. I have no plans at present to amend these provisions of the Equal Status Act.