School legislation ‘not in breach of EU race directive’

EQUALITY legislation allowing schools enrol children from their own religion over others probably does not need to be amended, Education Minister Mary Hanafin said yesterday.

She was responding to a letter from the Equality Authority which suggested that, where Catholic or other denominational schools indirectly discriminate against some children by giving priority for enrolment to those of their own faith, protections which have previously been used as justification may be in breach of European rules. The Equal Status Acts give schools, hospitals and other facilities run by or for religious institutions an exemption from discrimination law in circumstances where they wish to uphold their religious ethos.

But Equality Authority chief executive Niall Crowley said this week that this may run contrary to the EU Race Directive and could leave schools open to legal challenges where children of one faith are denied enrolment under such policies.

Ms Hanafin said she has spoken with Justice Minister Brian Lenihan, who has responsibility for equality legislation and also received the letter, and they are to discuss the matter again. She said they will take whatever legal advice is necessary and discuss enrolment policies with patrons, who are the local bishops in the case of the 3,000-plus Catholic primary schools.

“Obviously, we want to ensure that every practice we have is in keeping, not only with national legislation, but also with European directives,” she said.

“But I’m not sure the letter [from the Equality Authority] incorporates the whole picture of policies that schools have, and it would have to be looked at in the context of what is actually happening on the ground and what the policies are,” Ms Hanafin said.

She added that school patrons of all denominations around the country have been ensuring they are opening their doors and including everybody.

“I saw it at a school here in Cork this morning with pupils of 16 nationalities, a number of different languages and undoubtedly a number of religions as well,” said Ms Hanafin yesterday.