Bríd Smith (Dublin South Central, People Before Profit Alliance)
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34. To ask the Minister for Education and Skills the advice his Department sought or received on the constitutional issues in relation to amending the Equal Status Act, to cease discrimination on school admission. [18289/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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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."

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.

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. I can advise that I have sought advices from the Attorney General on the proposals. 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.

It is my view that an effective way of providing diversity and choice for parents is by providing additional multi-denominational and non-denominational schools, and in this regard, I have committed to increasing the number of these schools with a view to reaching 400 by 2030 as set out in the Programme for Government.

Paul Murphy (Dublin South West, Anti-Austerity Alliance)
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35. To ask the Minister for Education and Skills if his Department has sought legal opinion on the constitutional position of section 7(3)(c) of the Equal Status Act 2000; and if he will make a statement on the matter. [18268/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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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."

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.

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. I can advise that I have sought advices from the Attorney General on the proposals. 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.

It is my view that an effective way of providing diversity and choice for parents is by providing additional multi-denominational and non-denominational schools, and in this regard, I have committed to increasing the number of these schools with a view to reaching 400 by 2030 as set out in the Programme for Government.