THE ROLE of school patrons, mainly churches and religious orders, is "so seriously misrepresented" in the Education Bill that the legislation may be unconstitutional, the Conference of Religious in Ireland has warned.
CORI argues that this misrepresentation would "make it impossible for patrons to actively engage in influencing the direction of the school in relation to matters of ethos".
It also believes the Minister for Education's power to impose boards of management on schools, as envisaged in the Bill, "would be likely to be found unconstitutional if it was challenged after enactment", and "the entire Bill would fall if it was referred to the Supreme Court by the President".
In a detailed analysis of the legislation, CORI stresses that it is "not in any way arguing for the complete autonomy of patrons". However, it expresses concern that, under the Bill, any group wishing to set up a new school must receive the Minister for Education's approval for its choice of patron.
"CORI sees no reason why the selection of patron should not be entirely a matter for the group that wishes to establish a school." The Minister's only function, it believes, should be to register the patron.
It also wanes the role of the patron to be explicitly spelled out, and proposes the inclusion of a statement such as the following: "The patron of a school has a right to require that the school protects and promotes particular principles and core values."
CORI believes it is not enough for a school's patrons merely to be consulted about the proposed school plan. It wants a provision which makes clear that "the school plan shall be subject to the approval of the patron in relation to matters concerning the school's values and ethos".
The conference does not accept that decisions to dismiss staff should be subject to the agreement of the proposed education boards. Noting existing management union agreements in voluntary schools to which the Minister for Education is not party, it proposes an amendment that "appointments, suspensions and dismissals shall be subject to agreements between patrons and recognised trade unions and staff associations".
CORI supports the establishment of regional education boards on the basis that they will have "meaningful power and autonomy". However, it is disappointed that the Bill "provides for involvement by the Minister in virtually every aspect of the work of education boards".
It does not accept that this is legitimate in all of the more than 100 cases specified in the Bill. It asks, for example, why the Minister needs to interfere with education boards' functions on school maintenance, nominations to school management boards, making grants to schools, and the membership of education board committees.
The overall effect of such provisions - together with the notion that the Minister or the boards should be able to make orders concerning the patrons, other than their registration - is "to centralise power with the Minister, thereby maintaining a culture of dependency and a sapping of self reliance within the system".