Test case warning over school choice

A constitutional challenge to force the Government to provide more multi-denominational and co-educational schools is inevitable…

A constitutional challenge to force the Government to provide more multi-denominational and co-educational schools is inevitable, the chief executive of a body providing such schools has said.

Mr Paul Rowe of Educate Together, which represents 31 primary schools throughout the State, said a parent or his organisation could take a test case against the Government under Article 42 of the Constitution.

This says that the State shall not oblige parents to send their children to any particular type of State-designated school which violates their conscience or lawful preference.

However, according to Mr Rowe, many parents are now obliged to do exactly this due to a lack of planning for new multi-denominational schools. "We've highlighted this issue.We're trying to give the State the maximum chance to respond to this properly, but it is quite clear that constitutional rights are being violated," he said. "What we're trying to avoid is the lengthy delay involved if we take a constitutional case. The Department's response has been disappointing so far."

READ MORE

According to Mr Rowe, Educate Together outlined its concerns in its presentation to a joint Oireachtas committee on education and science last July. However, since then, little progress has been made on the issue, meaning parents who find themselves at odds with the ethos of their local school frequently have no choice but to send their children there.

This situation is made worse by the fact that, under the Education (Welfare) Act, parents risk being taken to court if their children are not in a recognised system of education.

While many denominational schools have made real efforts to accommodate students with different beliefs, Mr Rowe said, the current system was not an appropriate way to plan for the future.

"It's a human rights issue, and it's a civil rights issue," he said. "[The Government] should take as a priority the rolling-out of a nationwide network of schools which will have an absolute guarantee that the school will not take it as its legal obligation to inculcate a particular religious viewpoint," he said.