Reasons for the need to redress
Head 3 section 15 (2) d (iii) :
- In accordance with Section 7 (3) (c) of the Equal Status
Act 2000, a school does not discriminate where it admits a
person of a particular religion in preference to others
By Eukaria O’Grady
“…as legislators with responsibility… it is
important we engage with parents and education
partners on the potential merits and flaws within
the legislation.”
The Education Committee's call for public
submissions on the School Admission Bill (2013).
“I will respond to any reasonable suggestions
and improvements that emerge in the course of
this debate”
- Mr. Ruairi Quinn, Minister for Education & Science, in
the Irish Times, Sept 2nd 2013, in relation to the Education
Committee's call for public submissions on the School
Admission Bill (2013).
Background of author
• Previously worked for an English Local Authority as Educational
Rights Officer of Looked-After Children (children in care).
• Experience working in educational admissions rights, making
applications appeals to appeal boards.
• Comprehensive background in school admissions polices and
processes, relating particularly to Human Rights Law, Conventions and
Charter’s stipulations.
• Irish Citizen, educated in Ireland. A school teacher.
• Therefore, I feel a professional duty of care and a responsibility as an
Irish citizen to advocate for students (children’s rights) in relation to
their Constitutional Rights and Human Rights of equal and fair access
to education.
Presentation Outline:
Reiteration of Factual Information
With Recommendations and Remedies
1) Constitutional and State Acts/Laws, Human Right Laws,
Charters and Conventions.
2) Stipulations and Requests as per the Dept. & Minister for
Education and Skills, Mr. Ruairi Quinn.
*Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary
Sector
3) Committees/organisations acting on behalf of state or European
Union.
4) Recommendations and Remedies.
1. Constitution & State Laws Contravened
•
•
•
•
•
The National School System
The 1998 Education Act Section 15 2(d)
Irish Constitution 1937 Article 42. 3.1, & Article 44.2.2
Equal Status Act 2000, Section 7 3(c)
Equal Status Act 2000, Section 3. 1
1. International Human Rights Laws
Contravened
• Constitution and the European Convention on Human
Rights Act 2003 (IHRC, 2011, p.5).
• International Covenant on Civil and Political Rights
(Articles 2 and 26).
• International Covenant on Economic, Social, and
Cultural Rights (Article 2).
• Convention on the Rights of the Child (Article 2).
2. Stipulations and Requests as per the Dept.
& Minister for Education and Skills,
Mr. Ruairi Quinn.
“It has been evolving over the last number of years as a result of
the experience that many parents and schools had of the present
system which is fairly arbitrary and quite unfair.”
- Quoted in the Irish Times, 2013, Sept 2nd –from his interview with the
radio show ‘Morning Ireland.’
“I will respond to any reasonable suggestions and any
improvements that emerge in the course of this debate.”
- Irish Times, 2013, Sept 2nd.
2. Submission for Requests to the report by:
Advisory Group for Patronage and Pluralism in
the Primary Sector Report.
‘The Minister indicated: that he would initiate a public
consultation on the recommendations of the report which
deal with promoting greater inclusiveness in schools,
particularly in ‘Stand Alone Schools’, with a view to
preparation of a White Paper ‘(DES, 2013, p. 2) and ‘views
on the relevant recommendations made by the Advisory
Group…how they can be translated into practice’ (DES,
2013, p.2)
2. Submission for Requests to the report by:
Advisory Group for Patronage and Pluralism in the
Primary Sector Report
“that the derogation in the Equal Status Act, 2000,
Section 7 (3) (c) may impede the Department of
Education and Skills duty to provide for education for all
children. In the light of experience, further consideration
might need to be given to the amendment of this
derogation.”
(quoted from the Minister for Education and Skills request for Submissions,
DES, 2013, p.4).
3. Committees/organisations acting on
behalf of state or European Union
• Committee on Economic, Social & Cultural
Rights 2011 Report
• Report of the Advisory Group to the Forum on
Patronage and Pluralism in the Primary 2013
• The Constitutional Review in 1996
• Equality Authority - 2007
*50 non-Catholic children provided with emergency school by charity in 2007
4. Recommendations & Remedies
 Amend the Equal Status Act 2000, Section 7 (30 (c) or
exclude it from the School Admissions Bill 2013, Head
3 Section, 2. (d)
 Department for Education and Skills’ and Minister’s
official response to ‘reasonable suggestions’ .
 Commitment to respect of a school’s ethos as opposed
to proof of denomination
4. Recommendations & Remedies
 The school’s consultation process when adapting their
Admission Policy to the 2013 Bill.
 Role of IHRC in raising Awareness of Human Rights
Laws.
 Involvement in .admissions administration by
City/County Councils or Independent bodies
 Role of Board of Management.
“…as legislators with responsibility… it is
important we engage with parents and education
partners on the potential merits and flaws within
the legislation.”
The Education Committee's call for public
submissions on the School Admission Bill (2013)
“I will respond to any reasonable suggestions
and improvements that emerge in the course of
this debate”
- Mr. Ruairi Quinn, Minsiter for Education & Science, in the Irish
Times, Sept 2nd 2013, in relation to the Education Committee's call
for public submissions on the School Admission Bill (2013)
This current Education Bill is bringing so much
hope and change, I beg of it to also bring the
equality it, and we as a country and nation, are
capable of.
Thank you for giving me this opportunity to present, for your time
and understanding.
Ms. Eukaria O’Grady