Clare Daly (Dublin North, United Left)
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436. To ask the Minister for Education and Skills her views on the fact that national schools of all patronages, when seeking State recognition and thereby State funding, legally committed themselves to be bona fide open to children of all religious denominations and that requiring a commitment to not discriminating on religious grounds on entry to all of these schools remains the first part of the ethos of all national State-funded schools. [3450/15]

Jan O'Sullivan (Limerick City, Labour)
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As part of the patronage determination process for new schools, prospective patrons must commit to enrolling pupils from the area to be served by the new school.

In relation to enrolment policies, it is the responsibility of the managerial authorities of all schools, whether extant or newly established, 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 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 publish its enrolment policy.

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.

Section 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Educational Training Board or to the Secretary General of my Department.

It is my firm view that all schools should be inclusive. It is with this spirit of inclusiveness that the proposed Admission to Schools Bill is designed. Drafting of the Bill is currently at an advanced stage and the Bill is on the Government legislative programme for publication early in the Spring/Summer session.

The draft Bill does not propose changes to the existing equality legislation. However, the draft Bill will provide for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion. The draft Bill will also provide for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

The Bill and its associated regulations should see improved access to schools for all pupils and ensure there is consistency, fairness and transparency in the admissions policies of schools and in the service they provide to parents.

Clare Daly (Dublin North, United Left)
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437. To ask the Minister for Education and Skills the reason religious discrimination has been permitted in admissions to State-funded national schools. [3451/15]

Clare Daly (Dublin North, United Left)
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438. To ask the Minister for Education and Skills in view of Article 42 of the Constitution only allowing for parents to avail of exclusive religious schools where they are privately funded according to their means the reason schools in receipt of State funding have been allowed to exclude children on religious grounds. [3452/15]

Clare Daly (Dublin North, United Left)
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439. To ask the Minister for Education and Skills when she will fulfil her constitutional obligations and ensure that there is no religious discrimination in admissions policies in national schools (details supplied). [3453/15]

Clare Daly (Dublin North, United Left)
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440. To ask the Minister for Education and Skills her views that the State made a constitutional commitment to admission of children of all religious denominations with equality to all schools in receipt of State funding or public moneys and did not make a constitutional commitment to support religious instruction in schools. [3454/15]

Clare Daly (Dublin North, United Left)
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442. To ask the Minister for Education and Skills in view of the 1998 Education Act only allowing the patron a role in the manner of publication of admissions policies for schools, and that the board of management must create all schools' admissions policies, the action she will take to ensure that religious patrons stop acting outside the law by instructing boards of management under their patronage to introduce religious discrimination in their schools' admissions policy. [3456/15]

Clare Daly (Dublin North, United Left)
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443. To ask the Minister for Education and Skills the action she will take to clarify for boards of management their independence, and legal obligation, to be free to remove all religious discrimination from their admissions policies. [3457/15]

Clare Daly (Dublin North, United Left)
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447. To ask the Minister for Education and Skills her views on Joint Committee on Education and Skills conclusions (details supplied); and if she will cease creating schools of different patronage that can then discriminate on religious grounds in their admissions policy. [3461/15]

Jan O'Sullivan (Limerick City, Labour)
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I propose to answer Questions Nos. 437 to 440, 442, 443 and 447, together.

Section 15 of the Education Act, 1998 provides that a board of management shall manage the school on behalf of the patron and uphold, and be accountable to the patron for so upholding, the characteristic spirit of the school as determined by the cultural, educational, moral, religious, social, linguistic and spiritual values and traditions which inform and are characteristic of the objectives and conduct of the school. The Board of Management shall publish the enrolment policy of the school and that policy must be non-discriminatory and applied fairly in respect of all applicants.

This Department's main responsibility is to ensure that schools in an area can, between them, cater for all pupils seeking school places in the area. Where new schools are needed, the model of provision is decided by an open patronage determination process, which is overseen by the New Schools Establishment Group. The criteria for awarding patronage place a heavy emphasis on parental choice and diversity of provision. Prospective patrons must also commit to enrolling pupils from the area to be served by the new school. Parents have the right to choose which school to apply to and where the school has places available the pupil should be admitted. However, in schools where there are more applicants than places available 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. However, this may result in some pupils not obtaining a place in the school of their first choice.

Existing equality legislation, which 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 Equality legislation provides that any primary or post primary school that has this objective may, where it has more applicants than places available, admit a student of a particular religious denomination in preference to other students.

The legislation also provides that a school whose objective is to provide education in an environment that promotes certain religious values can refuse to admit a student who is not of that religion only where the school proves that this refusal is essential to maintain the ethos of the school.

The Constitution provides that legislation providing State aid for schools shall not be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school. In this regard, Section 30 of the Education Act (1998), provides that no student can be required to attend instruction in any subject which is contrary to the conscience of the parent of the student. Therefore, parents have the right, if so desired, to ensure that their children do not receive religious instruction.

It is my firm view that all schools should be inclusive. It is with this spirit of inclusiveness that the proposed Admission to Schools Bill is designed. Drafting of the Bill is currently at an advanced stage and the Bill is on the Government legislative programme for publication early in the Spring/Summer session.

The draft Bill does not propose changes to the existing equality legislation. However, the draft Bill will provide for schools to explicitly state in the school's admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the traveller community, race, civil status, gender or religion. The draft Bill will also provide for schools to publish an enrolment policy which will include details of the school's arrangements for students who do not want to attend religious instruction.

The Bill and its associated regulations should see improved access to schools for all pupils and ensure there is consistency, fairness and transparency in the admissions policies of schools and in the service they provide to parents.

Clare Daly (Dublin North, United Left)
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441. To ask the Minister for Education and Skills in view of the constitutional reviewgGroup 1996, (details supplied, indicating that religious instruction in national schools must be done separately to conform with the Constitution, and that this must be changed to allow for multiple religious denominations in all national schools, her views that separate religious instruction is immediately necessary to allow for children not of the patron's faith to attend their local national school; the steps she will take to ensure that this is in place for enrolments in 2015; and if she will make a statement on the matter. [3455/15]

Clare Daly (Dublin North, United Left)
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446. To ask the Minister for Education and Skills when she will implement the recommendations of the forum on patronage and pluralism in the primary sector which recommended that all national schools should be catering for children of all religious denominations by being open with equality to children of all religious denominations, having separate religious instruction classes and removing the obligation to have any religious programme in a school. [3460/15]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 441 and 446 together.

The Forum on Patronage and Pluralism in Primary Sector was established to look at how schools can cater for diversity and ensure an inclusive and respectful environment for all their pupils. The Report of the Advisory Group to the Forum made a series of recommendations dealing with the creation of more inclusive schools. The Report took account of the findings and conclusions of previous groups and committees, such as those of the Constitution Review Group of 1996.

Religious education is one of the seven curricular areas of the 1999 Primary School Curriculum. However, under Article 44 of the Constitution, all parents have the right to withdraw their child from religious instruction in school. Furthermore, under Section 30 of the Education Act 1998, a student cannot be required to attend instruction in any subject which is contrary to the conscience of the parent of the student or, in the case of a student who is 18 or more, the student him/herself. The Education (Admission to School) Bill, which is currently being drafted, will require schools to publish an enrolment policy which will clarify the school's arrangements for upholding the constitutional right of parents that their children not attend religious instruction.

With regard to denominational religious education, the Forum Report did not recommend that religious instruction be removed from the school day. However, the Advisory Group had concerns about the amount of time which can be devoted to sacramental preparation in some schools and they recommended that it should not be allowed to encroach on time allocated for the general curriculum. They also recommended on-going discussion with parents and clergy in this regard.

The Report also noted that there are currently no non-denominational primary schools, but that there is no objection to the establishment of such schools if sought by a sufficiently large number of parents. The Forum also concluded that the State has a responsibility to ensure that all children have the right to receive Education about Religions and Beliefs (ERB) and Ethics and recommended that an ERB and Ethics programme be developed. The National Council for Curriculum and Assessment (NCCA) is developing a curriculum for ERB and Ethics for all primary schools.

A follow-up paper to the Forum Report entitled Forum on Patronage and Pluralism in the Primary Sector: Progress to Date and Future Directions was published on 1 July 2014. The paper outlines good practice and options for promoting diversity in all schools and encourages school authorities to engage in consultation with stakeholders and to review their policies and practices on an ongoing basis to ensure that they remain suitable for the school population that they serve. It recognises that each school should arrive at solutions that suit its own particular context. It also notes that this is an evolving situation and that practices may evolve over time as circumstances change.

The paper was informed by a consultation with stakeholders and encourages school authorities to consider their policies and practices and to review whether they are taking the steps necessary to welcome all pupils and make them feel included.

Particular areas to be examined by schools relate to:

- The right to opt out of religion classes;

- Scheduling of Religion Classes and other Religious Activities;

- Options for Pupils in relation to Religious Ceremonies of the Ethos of the School;

- Celebration of Religious Festivals; and

- Display of Religious Artefacts.