THE Minister for Education's decision not to give he churches a legal "religious veto" over the hiring of teachers represents a significant new tack in the course of Church State affairs.

The proposed copper fastening of the churches' right to hire teachers - on the grounds of religion will not now appear on the statute book.

Instead, it is suggested that schools will be exempt from the operation of new employment equality legislation that will prohibit discrimination on the grounds of religion. However, this proposal is considerably weaker than the original one.

The initial proposal was to give specific legal backing to the churches right not to appoint teachers of a different religion than that of the school, or no religion. In return for "substantial powers" over the hiring of teachers, the churches would give up majority control of primary school boards of management.

However, this proposal was strongly attacked by teachers, who are effectively the employees of the church owners of schools, even though their salaries are paid by the State.

NOW, Ms Breathnach is proposing to leave things largely as they are, recognising, perhaps, that the obstacles to change are greater than she originally anticipated. For, in attempting to introduce the most comprehensive education legislation in the history of the State, she could actually end up shoring up the power of the churches rather than diluting it.

This is because the Constitution affords their involvement in education considerable protection, as the Catholic bishops have repeatedly reminded the Minister. Thus, any detailed education legislation could end up reflecting this position of supremacy - just as it may be going into decline.

The Minister is caught between a rock and a hard place. On the one hand, she has to meet the expectations of supporters and liberal elements, who are still hoping the State's first Labour Minister for Education will diminish the power of the churches in schools.

However, Ms Breathnach also has to deal on a daily basis with Catholic and Protestant school managers with a track record of striking a hard bargain and defending their corners doughtily. Two years ago, the Minister clashed publicly and controversially with the Bishop of Meath over the siting of a school in Dunboyne, and the experience has left Ms Breathnach with little appetite for further disputes with the Catholic Church.

However, many observers feel that, subsequently, the Minister has erred too much on the side of caution in her dealings with the churches. The promised revamping of school boards of management is unlikely to be as radical as first signalled, with numerous guarantees provided to the trustees in return for more seats for teachers and parents.

Thus, the patron usually the local bishop - would continue to appoint both the chairperson and the board, and would retain the rights to dissolve the board in certain circumstances.

IN ADDITION, Ms Breathnach's promise that the State will own and lease out schools will apply only to new schools.

But, in an era of falling enrolments, there aren't likely to be many of these, so denominational education will continue to be the only option, for parents in most parts of the State - currently there are only 14 multi denominational primary schools, compared to 3,200 denominational schools.

The dropping of the religion veto is the first sign of a change in policy direction by the Minister. However, bit is likely to make a deal on the governance of schools even more difficult to achieve.

Discussions between the churches parents and teachers on this subject have been continuing since 1994 without reaching a conclusion.

The Catholic Church seems happy with the proposed legal guarantee that its schools will be "managed in accordance with the doctrines, practices and traditions of the Roman Catholic Church as stated by the Irish Episcopal Conference and interpreted by the Patron of the school".

Co opted board members would have to have "an understanding of and commitment to, Catholic education" in the case of Catholic schools. For Church of Ireland schools, they would have to be members of the Church of Ireland, according to proposals drawn up for the discussions.

However, other groups still have reservations and are taking the approach that "nothing is agreed until everything is agreed".

The final proposals will eventually appear in legislative form in the Education (Education Boards and Boards of Management) Bill, now not expected until the autumn.

However, if the education partners fail to reach agreement, the publication of this Bill could be delayed even further.