The position paper from the Equality Authority on school enrolment could have serious implications for all primary schools, writes Seán Flynn, Education Editor
While much of the focus has been on the school enrolment policies of Catholic primary schools in the past week, the paper from the Equality Authority signals that all schools may have to change their current procedures.
Critically, the authority shatters the view - held by some senior figures in school management - that an exemption in the Equal Status Act gives them carte blanche to run their own enrolment policies as they see fit. According to some interpretations, section 7(3)(c) of the Act would appear to allow a restrictive enrolment policy where this is "essential to maintain the ethos of the school".
But the authority says the meaning of this subsection is nothing like as clear as has been portrayed in recent reports.
There is as yet no definitive understanding of what is meant by "essential to maintain the ethos of the school," it says.
The authority notes: "Given that the vast majority of national primary schools in the State are denominational and continue to allow students of other denominations to attend, there would be difficulty in proving that it is essential to maintain the ethos of a particular religion to require every student to be of that particular denomination."
In practice, the authority is saying that giving priority to pupils of the school's religious denomination may be open to challenge. It is also saying that schools cannot say restrictive enrolment policies are essential to maintain their ethos when they admit students of all religions.
The authority also argues that article 13 of the European "race" directive may also impact on school enrolment policies. This directive forbids direct or indirect discrimination.
An apparently neutral provision, criteria or practice that puts persons of a racial or ethnic origin at a particular disadvantage is discriminatory unless that provision, criteria or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.
So what does all this mean in practice? The implications for Catholic schools seem clear. Catholic schools that operate a Catholics-first enrolment policy - on the basis of baptism certificates - could be in breach of equality legislation.
What of other schools? Church of Ireland schools that give priority to students drawn from their faith, could also face legal challenges. The authority is challenging these schools also to explain why this is essential to protect the ethos of their schools.
Educate Together schools have played a huge role in widening educational choice and in providing multidenominational schools.
But there could also be potential problems with Educate Together's first come, first served admissions policy.
This policy can discriminate against those families who are new to an area and it may be a form of indirect discrimination against children of such families and to ethnic minorities.
There could also be implications for gaelscoileanna, who have been known to ask prospective parents about the place of the Irish language in their family life.
Is this also a form of indirect- and unintended discrimination against newcomers' children?
There may also be wider implications for the Department of Education and Science in terms of the provision of school places.
John Carr, of teachers' union the INTO, has said that the policy of providing just enough places, just in time, may also be a contributory factor to racial segregation.
"Last-minute delivery of school places means that those new to an area are all placed in the new school because existing schools are already full," he said. "The State cannot progress a policy of integration of newcomers in segregated schools," he added.