Constitutional catch-up on school places

ACCORDING to media reports, the Catholic Archdiocese of Dublin has made an historic move in setting aside some places in Catholic patronage schools for non-Catholics.

This pilot project in west Dublin is reported to have caused serious controversy. Incredibly, up to now the diocese was obliged for some reason to put Catholic applicants first when enrolling. Article 44.2.4 of the constitution states: “Legislation providing State aid for schools shall not discriminate between schools under the management of different religious denominations, nor be such as to affect prejudicially the right of any child to attend a school receiving public money without attending religious instruction at that school.”

The constitution was enacted in 1937. However, educational provisions and other select clauses in the document have not been borne out, and it would seem more than 50 years have passed before there was any indication of compliance with them.