Éamon Ó Cuív (Galway West, Fianna Fail)
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640.To ask the Minister for Education and Skills the steps being taken by her Department to vindicate the right of a pupil (details supplied) not to be in attendance passively or actively at a religious class, in line with their constitutional rights; and if she will make a statement on the matter.[35243/24]

Norma Foley (Kerry, Fianna Fail)
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Under the Constitution, the provisions of article 44 recognise the rights of children to attend school without attending religious instruction at that school. Furthermore, the provisions of Section 30(2) (e) of the Education Act 1998 provide that a school shall not require a student to attend instruction in any subject which is contrary to the conscience of the parent / guardian of the student or in the case of a student who has reached the age of 18 years, the student. It is expected that this right will be upheld by schools on foot of a parental request.

The provisions of the Education (Admission to Schools) Act 2018 requires, where schools provide religious instruction, they must clearly set out in their admission policies the school’s arrangements for students, where the parent or in the case of a student who has reached the age of 18 years, the student, has requested that the student attend the school without attending religious instruction in the school.

The manner in which any school ensures that the right to not attend religion instruction 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 department will engage with the school authorities to consider the matter.