John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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To ask the Minister for Justice and Equality if any cases have been taken against the State, or any emanation or agency of the State, in regard to Section 7(3)(c) of the Equal Status Acts 2000-2008 which allows schools to offer preferential treatment in admittance of pupils of certain religious backgrounds; if he is satisfied that the provision has operated satisfactorily to date; his plans, if any, to amend the provision; and if he will make a statement on the matter. [53036/12]

Alan Shatter (Dublin South, Fine Gael)
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My Department has been informed by the Department of Education and Skills that there is no record of a case having been taken against the State in relation to this provision.

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.