Schools face big fines for refusing immigrants
Saturday January 27 2007
HUNDREDS of primary and second level schools face the prospect of huge fines if they turn away foreign children.
The schools may be forced to pay compensation of up to ?6,350 for every pupil that they refuse to enrol.
There are currently 35,000 children of non-nationals in schools and the numbers are rising steadily.
But many principals claim there is unequal distribution of 'new Irish' children in schools.
In some schools, up to half the infants are the new Irish while other schools in the same area take in very small numbers.
Equality Authority chief executive Niall Crowley confirmed last night that schools could face heavy penalties if they refused to enrol students on grounds of race.
"Schools are not always aware of their responsibilities under the Equal Status Acts which prohibit discrimination on nine grounds including race," he said.
The authority is currently investigating 45 complaints against schools under the Equal status legislation, mainly involving Traveller children and children with disabilities.
Some 29 of these deal with primary schools.
So far, no case had been put forward involving newcomer children to Ireland, mainly because of a lack of awareness among the new communities of their rights.
But Mr Crowley warned it was certain to become a major issue in the future.
If a case is taken against a school it is investigated by the Equality Tribunal which can order a school to pay up to ?6,350 by way of compensation.
It can also force the school to review its enrolment policies in the light of legislation.
The growing number of new Irish students in our schools was raised at a conference of school principals in Killarney, Co Kerry yesterday.
Delegates were told of anecdotal evidence showing that some schools deflect applications for enrolment to other schools in their area which have a more open door policy.
"All principals have a moral responsibility to be fully inclusive in this regard," said Sean Cottrell, director of the Irish Primary Principals Network.
He said the uneven distribution of the new Irish and Traveller children among schools was undermining the main teaching functions.
Mr Cottrell said there were already clear signs that the core subjects of reading, writing and arithmetic were beginning to lose out because of the many new pressures on teachers.
He suggested that the regional offices of Department of Education should co-ordinate enrolment applications from the new Irish community.
"While this may require an amendment to the Education Act 1998, I believe it is necessary if we are to address this fundamental issue. It will not address itself," he added.
Education Minister Mary Hanafin has also expressed concern that some schools are not taking their fair share of minority children or those with disabilities.
A spokesperson said an audit was getting underway in six areas that would look at enrolment policies and patterns.
But INTO general secretary John Carr strongly disputed any claim that schools were 'racist' in their enrolment policies. He said there was no evidence to support this allegation.
"In fact, the opposite is the case," he said.
"Primary schools are welcoming of pupils from other countries and have done more than many other areas of society to promote openness, tolerance and respect for diversity."
He said primary schools celebrated diversity and respected difference and were well aware of their responsibilities in this area.
"If Mr Cottrell has evidence that schools are acting illegally then he should identify those schools."
- John Walshe
