Written answers
Tuesday, 5 November 2024
Department of Education and Skills
Religious Discrimination
Róisín Shortall (Dublin North West, Social Democrats)
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473. To ask the Minister for Education and Skills the way a denominational primary school should uphold the child and family’s constitutional rights (details supplied) where just one child is formally opted out of religious education and whose parents do not wish them to be involved in any doctrinal activities, and the entire school and all teachers are undertaking a visit to a religious building for a religious service. [44941/24]
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 manner in which any school ensures that the right to not attend religion instruction classes is upheld, is a matter for the school concerned. Schools must make appropriate arrangements for withdrawal from religious worship including religious events. 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.
Róisín Shortall (Dublin North West, Social Democrats)
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474. To ask the Minister for Education and Skills the way the Department of Education Inspectorate inspect the teaching of religious education in primary schools with a denominational patron and, in , whether, and how, they inspect the educational experience of children who are formally opted out of religious education as per their constitutional right. [44942/24]
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 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 follow-up paper to the Report of the Forum on Patronage and Pluralism in the Primary Sector which was published in 2014 outlines good practice and options for promoting diversity in all schools. The paper gives an overview of different types of arrangements that schools have put in place to facilitate parents who do not wish for their children to attend religious instruction classes. The Catholic Schools Partnership subsequently published guidelines for catholic schools in relation to the inclusion of all pupils and that this also contains suggestions on how such schools can manage requests to attend school without attending religious instruction.
In accordance with the Primary School Curriculum (1999) the content of the religious curriculum provided by primary schools is not set by the Department of Education. Responsibility for inspecting the teaching of religious education in primary schools with a denominational patron rest with the school patron. The Department of Education Inspectorate does not have a role in the inspection of Religious Instruction or the patron’s programme in primary schools.
When conducting an inspection in a primary school, the Inspectorate evaluates the quality of the outcomes and experiences of the pupils attending the school; it does not distinguish between pupils who have opted out of Religious Instruction and those who have not.
The Department has been engaging with relevant stakeholders to deliver on the Government’s commitment to increase multi-denominational provision. This engagement is in the context of the Programme for Government, which reflects the Government’s objective of continuing to expand the plurality of schools to reflect the full breadth of society. Part of this work includes giving attention to how all schools provide for their diverse enrolments on a daily basis.
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