Clare Daly (Dublin North, United Left)
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225. To ask the Minister for Education and Skills her views on the fundamental constitutional difference between schools in receipt of any State funding or public moneys and schools exclusively privately funded by parents according to their means in relation to religious discrimination in admissions to schools (details supplied). [6477/15]

Jan O'Sullivan (Limerick City, Labour)
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Article 42.1 of the Constitution acknowledges that the primary and natural educator of the child is the Family and guarantees to respect the right of parents in this regard.

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.

Article 44.2.4 of the Constitution states that legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor 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. The draft Bill, while including provision for single sex schools and denominational schools to reflect in their admission policy the exemptions applicable to such schools under equality legislation, 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.