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.