Equal access to schools

Late last year a petition was lodged with the Oireachtas Petitions Committee to ensure equal school access for unbaptised children in Ireland.

Section 7(3)(c) of the Equal Status Act 2000 allows schools operated by religious institutions to give first preference for enrolment to children from their own denomination, despite the fact they are funded by the taxpayer.

Around 90 per cent of primary schools are controlled by the Catholic Church with the majority of the rest under the patronage of other religious institutions. Most of all Irish primary schools clearly and set out in their enrolment policies that, once oversubscribed, religion will be one of the primary deciding factors in a child’s enrolment with local unbaptized children and children of other religions placed at the bottom of the pile in the “other” category.

Believing this process to be unconstitutional, a barrister from Raheny, Paddy Monahan launched his petition, which at the time of writing has almost 20,000 signatures, demanding the repeal of section 7(3)(c) of the Equal Status Act 2000 and that the government takes any and all actions necessary to ensure fair and equal access to education for all children within the State.

Monahan believes the section to be unconstitutional because, in his view, it breaches article 44.2. of the Irish constitution: “The state shall not impose any disabilities or make any discrimination on the ground of religious profession, belief or status.”