John Paul Phelan (Carlow-Kilkenny, Fine Gael)
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To ask the Minister for Education and Skills if he is satisfied that legislative measures to protect the religious ethos of schools do not act as a barrier to enrolment; if any complaints have been made to his Department in respect of pupils being denied the opportunity to enrol in a school on grounds of religious ethos; if any cases against the State have been taken on these grounds; his plans to review these legislative provisions; and if he will make a statement on the matter. [53037/12]

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. My Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in an area. However, this may result in some pupils not obtaining a place in the school of their first choice. As schools may not have a place for every applicant, a selection process may be necessary. 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 last year, I launched a discussion paper on school enrolment. The "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 28 of October last year. The feedback from this consultation will help inform the nature and scope of a new regulatory framework for school enrolment, the primary aim of which will be to ensure that every child is treated fairly and that every child has a place at school.