THE ABOLISHMENT of the longstanding 'baptism barrier' will be contested by religious groups.
Catholic groups have issued a warning to the Irish government that their plans to remove the “Baptism barrier” for entry to schools in the country will create major constitutional problems and open the State to a series of legal challenges from parents and religious bodies.
Minister for Education Richard Bruton announced plans last year to prohibit Catholic Catholic primary schools from giving enrolment priority to baptised children in cases where they are over-subscribed.
The longstanding policy has been the subject of much controversy in recent years with the growing secular population of the country.
However, minority faiths, such as the Church of Ireland, may continue to prioritise members of their religion in order to protect their ethos in cases where they are over-subscribed.
The Association of Trustees of Catholic Schools says the proposals will seriously undermine the role of Catholic schools and their ability to continue to promote a “living faith environment”.
“In short, the present proposal appears to be part of a process of encroachment on parental rights, property rights and the capacity of faith schools to provide a faith-based education for those who opt for same,” it states.
It cites a series of High Court and Supreme Court judgments where it is clear that “religious freedom and parental rights are paramount”. This, it says, conflicts with the Government plans to prohibit Catholic schools from using religion as a criteria of entry.
It adds that the move to prohibit school entry on the grounds of religion is “particularly disturbing to Catholic trustees and patrons as it directly affects the capacity of faith schools to organise themselves and free association in a modern, democratic pluralist society”.
“From a legal perspective, the current proposal, to a greater or lesser extent, impacts on the right of the board of management in a faith school to manage that school and provide a faith-based education to those of the faith community it was designed to serve,” it states.
Submissions released to The Irish Times under the Freedom of Information Act reveal the depth of opposition from Catholic bishops, trustee bodies for thousands of Catholic schools, along with management bodies and missionary groups.
The Catholic Primary Schools Management Association says Mr Bruton’s plan is part of a “secularisation agenda aimed mainly at the Catholic Church”.
It states: “We note that such a process may also open the State to a multiplicity of civil suits by those parents who wish to retain a Catholic faith ethos of their children.”
It also warned that such steps would conflict with the constitutional protections for parents and religious schools.
Mr Bruton’s plans to remove the “Baptism barrier” are due to be included in the Education (Admission to Schools) Bill, which is set to be enacted later this year.
