Billy Kelleher (Cork North Central, Fianna Fail)
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102. To ask the Minister for Education and Skills if he will respond to correspondence previously sent to him by a person (details supplied) regarding the State education system; and if he will make a statement on the matter. [20406/16]

Richard Bruton (Dublin Bay North, Fine Gael)
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The correspondence to which the Deputy refers relates to school admissions and religious instruction in schools.

I can advise the Deputy that a reply to the correspondent is currently being prepared.

The position in relation to school admissions is that 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.

In relation to any amendments to section 7(3)(c) of the Equal Status Act, 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.

As the Deputy may be aware, the Oireachtas Committee on Education and Skills, is to consider the complex issues raised by the Labour Party's proposed amendment to section 7(3)(c) of the Equal Status Act as set out in their recently published Private Members Bill. The Government proposed and the Dáil agreed that this Bill proceed to second stage after these hearings are held.

This will allow parents, children, patrons and other stakeholders to have their say. Taking time to consider this complex issue in the relevant Oireachtas Committee, in the same way that all government legislation is subject to pre-legislative scrutiny, will ensure that the right balance can be struck between competing rights and that there would be no unintended consequence that would create an adverse impact on the schools of minority denominations.

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.

In this regard, I can advise that the Education (Admission to Schools) Bill 2016 will be published this week. The 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.

In relation to the teaching of religion in schools, under the Constitution and in accordance with Section 30 of the Education Act 1998, parents have a right to have their children opt out of religion classes if they so wish.

The manner in which any school ensures that the right to opt out of religion classes is upheld is a matter for the school concerned. Each individual school must determine the particular arrangements which are most appropriate in its individual circumstances having regard to local issues such as available space, supervision requirements and how the school concerned organises classes etc.

The new Education (Admission to Schools) Bill will include a specific requirement that school enrolment policies must include details of a school's arrangements for any students who do not wish to attend religious instruction. I believe this is an important measure which will help ensure transparency from the outset as to how a school will uphold the rights of parents in this regard.

A follow-up paper to Report of Forum on Patronage and Pluralism in the Primary Sector was published in 2014. The paper outlines good practice and options for promoting diversity in all schools and encourages school authorities to engage in consultation with stakeholders and to review their policies and practices on an ongoing basis to ensure that they remain suitable for the school population that they serve. One of the areas to be examined by schools relates to the scheduling of religion classes, and the paper gives an overview of different types of arrangements that schools can put in place in this regard. This is an area I plan to keep under review.

The Programme for Government also reflects the Government's objective of strengthening parental choice and further expanding diversity in our school system. The desire of parents for diversity in education is primarily being pursued by increasing the number of non-denominational and multi-denominational schools with a view to reaching 400 by 2030. This represents a significant increase in the current rate of delivery of multidenominational schools. The Government is committed to working with all stakeholders to progress this as a priority. Since 2011 new schools are generally only established in areas of demographic growth. My Department uses a Geographical Information System (GIS) to identify where the pressure for school places will arise.

When it is decided that a new school is required to meet demographic needs in an area, the Department runs a separate patronage process to decide who will operate the school. It is open to all patrons and prospective patrons to apply for patronage of the school under this process and the level of parental preference for each patron is key to decisions in relation to the outcome of the process.

Since 2011, all 24 new primary schools that have opened have been multi-denominational. In 2015/2016 a total of 108 primary schools are multi-denominational.