Finian McGrath (Dublin North Central, Independent)
Link to this: Individually | In context | Oireachtas source

699. To ask the Minister for Education and Skills Her views on correspondence regarding a meeting with a group (details supplied); and if she will make a statement on the matter. [30385/15]

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

The correspondence referenced by the Deputy was received in my Department and a reply has issued to the sender, setting out the background and context of the matter. As the Deputy will appreciate, given the number of requests for my attention it is not possible to accede to a meeting in all cases.

In relation to the substantive issues raised, as previously outlined to the Deputy, the agreement to put in place Deeds of Variation for Charging Leases or Declarations of Trust dates back to the 1990's. At that time there were negotiations on the reconstitution of Boards of Management of primary schools. It was agreed that patrons would no longer nominate a majority of the members of a Board of Management. In return, it was agreed Deeds of Variation would be put in place to vary the Charging Leases/Declarations of Trust. There have been ongoing discussions with the relevant patron bodies in relation to the wording of the Deeds of Variation and the Department has been working with the Attorney General in relation to the matter.

The commitment given by the school patrons in 1997 to cede majority representation on Boards of Management was implemented. Hence the engagement by officials in the Department in the interim in relation to agreeing a form of words for the Deeds of Variation represents a recognition of the original commitment given to the school patrons at that time.

With regard to admission policies, irrespective of property arrangements, it is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. The enrolment policy must be non-discriminatory and must be applied fairly in respect of all applicants.

The objective of the recently published Education (Admission to Schools) Bill is to provide an over-arching framework to ensure that how schools decide on who is enrolled and who is refused a place in schools is more structured, fair and transparent.

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 Bill does not propose changes to the existing equality legislation. The 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, requires 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 Bill provides 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 Equal Status Act, 2000 provides that an educational establishment does not discriminate where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school.