Church could challenge ‘Baptism barrier’ ban
A LEGAL expert believes the Government could face a constitutional challenge on plans to end the practice of Catholic schools refusing admission on religious grounds.
Education Minister Richard Bruton brought forward a proposal that will stop the country’s 2,800 Catholic schools from discriminating on the grounds of religion.
But schools belonging to minority faiths which are oversubscribed will still be allowed to refuse pupils from other denominations.
Teachers, parents, and lobby groups cautiously welcomed plans to remove the so-called ‘Baptism barrier’.
However, the Catholic Primary Schools Management Association queried whether it was constitutional as it excludes minority faith schools to ensure students of that particular religion are given first preference.
Labour Senator Ivana Bacik welcomed the minister’s announcement.
She argued that under the current system, parents are being treated unconstitutionally as they have to send their children to schools with a religious ethos different to their own.
However, Ms Bacik, a barrister and senior lecturer and fellow of Trinity College Dublin, said it is a concern that the Catholic Church could object to the proposal as it gives an exemption to minority religions under Section 7 of the Equal Status Act.
Ms Bacik said: ‘Section 7 of the Equal Status Act allows the schools currently to give preferential treatment to pupils of their own religion. That’s what the minister is saying he wants to amend so we are welcoming that.
‘But how do you amend it without falling foul of the Constitution, in other words how do you give exemptions to minority religions.
‘It’s the minority religions that may object and may have stronger grounds.’
She added: ‘Of course the Bill could be challenged and that’s the worry that if you try to do it bluntly, that it would be challenged and wouldn’t stand up.
‘Minority religions are going to object if there isn’t sufficient exemptions to protect them and the Catholic Church may object if the exemptions go too far.’
Ms Bacik said that while the announcement to remove religion as a criteria in the admissions process is positive, she claimed there are ‘a number of constitutional pitfalls’ in striking a balance between the rights of one group with the rights of others.
She added: ‘He’s [Mr Bruton] walking a tightrope, but there is the other point that parents are routinely being treated unconstitutionally because they have to send their kids to a school whose ethos they don’t agree with.’
There are currently 2,802 Catholic primary schools compared with 191 minority religious schools.
It is understood that the Education Minister received preliminary legal advice and on that basis he was happy to make the announcement on Wednesday.
In setting out his policy approach, he said there are complex legal and constitutional issues which will have to be worked out in order to apply it.
Mr Bruton also pledged to work with representatives of different communities as this policy proposal is advanced.
David Kenny, assistant professor of law at Trinity College Dublin, believes Minister Bruton’s proposal is constitutional.
He says there is an argument that minority religions need preferential access to their schools, and there is more opportunity to attend a Catholic school here.
He said: ‘The argument would be that discriminating in this case is acceptable because discrimination being introduced is designed to protect the free practice rights of minority religions. And the same treatment is not necessary
‘Minister Bruton is walking a tightrope’ ‘Not necessary to protect rights’
to protect the rights of Catholics in this instance because of how many schools remain at the moment under a Catholic ethos.’
Yesterday, Mr Bruton said he hopes to introduce a Bill to remove the ‘Baptism barrier’ for most school admissions in the autumn.
Speaking on RTÉ’s Morning Ireland, he said it is very unfair that parents feel they need to baptise children in order to get a place at a local school.
However, David Quinn, founder of the religious think-tank, the Iona Institute, said he hoped the Catholic Church would consider a constitutional challenge.
He said: ‘If they are told there’s a chance of winning, then they should mount a constitutional challenge to it.’
‘I also think there are too many Catholic schools in the country for the type of society we are now and the Catholic Church needs to speed up divestment.’