An expert in education and the Constitution has warned that powers to allow the State to override denominational schools' right to refuse entry on religious grounds may make the new Education Bill unconstitutional.
Dr Michael Farry, a law lecturer at Carlow RTC, says "there appears to be no express limitation on the powers of the Secretary General [of the Department of Education] in relation to refusal of admission on religious grounds. In my opinion this could prove fatal to the Bill."
Writing in the current issue of Parent and Teacher magazine, Dr Farry recalls that in his recent book on education and the Constitution he says that "the constitutional recognition of denominational schools and of the right of denominations to manage such schools means that school owners or patrons are entitled to ensure that the denominational ethos of their schools is observed by management, principal, teachers and students."
In any new educational legislation "the owner or patrons were therefore likely to insist, inter alia, on control over the admission of students in so far as it affects ethos. This does not means that only co-religionists may be students in such schools".
Dr Farry says Section 29 of the Education Bill indicates that the right to refuse admission on grounds other than unavailability of accommodation may be curtailed.
It lays down that where a school board of management refuses to enrol a student for reasons other than lack of accommodation, a parent or a student over 18 may appeal the decision to the Secretary General of the Department of Education. The Secretary General can give directions to a board, which it has to follow.
Dr Farry says that while the powers of the Secretary General in this area will no doubt be "exercised reasonably and with sensitivity", under the Constitution "the fact remains that the State's powers to override a denominational school's refusal to admit on religious grounds has to be limited".