Clare Daly (Dublin North, United Left)
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466. To ask the Minister for Education and Skills if her attention has been drawn to the fact that, in Dublin alone, there are approximately 9,000 children attending national schools who have been illegally discriminated against on religious grounds in seeking admission to these schools and, as a consequence, the parents of these children have in some cases been forced to adopt a religion, in which they do not believe, by getting their child baptised (details supplied); and her plans to address this issue. [8761/15]

Clare Daly (Dublin North, United Left)
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493. To ask the Minister for Education and Skills if her attention has been drawn to a matter (details supplied) regarding a redress scheme that may be required for children and parents, who are suffering illegal religious discrimination in admissions policies in national schools in view of the fact, in Dublin alone, there is approximately 9,000 children attending national schools who have been illegally discriminated against on religious grounds; and if she will address the illegal religious discrimination in admission policies in national schools. [9085/15]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 466 and 493 together.

It is important to be clear that it is a parent who decides the religious denomination of their child. It is not a decision of a school.

Parents can 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.

Schools are not permitted to discriminate against an applicant for admission on any of the nine grounds set out in the Equal Status Act.

The Equal Status Act provides that any primary or post primary school whose objective is to provide education in an environment that promotes certain religious values may admit a student of a particular religious denomination in preference to other students. The legislation also provides that such a school can also refuse to admit a student who is not of that religion but only where the school proves that this refusal is essential to maintain the ethos of the school.

Schools that comply with the requirements of the equality legislation do not therefore discriminate on religious grounds. I do not accept the Deputy's references to illegal discrimination and therefore I consider that the issue of redress does not arise.

The draft Education (Admission to Schools) 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 issue of choice of school is separately being considered by my Department with a focus on providing for diversity when recognising new schools.