Thomas Pringle (Donegal, Independent)
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16. To ask the Minister for Education and Skills his response to the advice by constitutional law experts commissioned by an organisation (details supplied) which found that no constitutional impediment exists to changing the Equal Status Act as a way to ensure that children have equal access to State-funded schools regardless of their religion; and if he will make a statement on the matter. [18263/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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I have received the legal opinion that the Deputy has referred to and I can assure the Deputy that I will give it careful consideration.

It is acknowledged that any change to the Equal Status Act would be extremely difficult as this is a hugely complex area legally, constitutionally, and in other ways.

I note that the previous Oireachtas Joint Committee on Education and Social Protection, when conducting pre-legislative scrutiny of the previously published Admissions Bill, acknowledged the potential tension between Articles 42 (Education) and 44 (Religion) of Bunreacht na hÉireann and concluded that the provisions of the constitution "poses a particular difficulty when legislating in this policy area."

As the Deputy may be aware, a Private Members Bill proposing an amendment to section 7(3)(c) of the Equal Status Act has been initiated and is due to be discussed later today. As previously indicated, my preference is to discuss this complex issue with the Oireachtas Committee at the earliest opportunity and I am open to hearing views on the best way to proceed within our existing constitutional framework.

The Programme for Government contains a commitment to publish new School Admissions legislation taking account of current draft proposals and addressing issues including publication of school enrolment policies, an end to waiting lists, introduction of annual enrolment structures, and transparency and fairness in admissions for pupils and their parents.

I have commenced a process of consultation with opposition parties to discuss my proposals to introduce a new Admissions Bill. Following these consultations, it is my intention to publish a new Admissions Bill during the current Dáil session. The new Admissions Bill will bring tangible benefits to all parents. The Bill will oblige all schools to admit pupils where there are available places. It is important to note that 80% of schools are not oversubscribed.

It is my view that an effective way of providing diversity and choice for parents is by providing additional multidenominational schools for parents, and in this regard, I have committed to increasing the number of non-denominational and multi-denominational schools with a view to reaching 400 by 2030 as set out in the Programme for Government. One of the aims to offer wider choice is so that parents can get access to a school that offers their choice of ethos.