Three constitutional law experts from UCC, NUIG and Trinity College Dublin have published a legal opinion that conflicts with the Taoiseach's assertion that there were potentially very significant constitutional barriers to changing the law which regard to school admissions. The law as it stands currently allows schools to legally refuse to admit children from different faiths or none. The majority of schools are currently under the patronage of the Catholic Church

The legal opinion, which was commissioned and published by Equate, a charity campaigning for equal access to schools, was provided by

Dr Conor O’Mahony, Senior Lecturer in Constitutional Law, University College Cork
Dr Eoin Daly, Lecturer in Constitutional Law, National University of Ireland Galway
Dr David Kenny, Assistant Professor in Constitutional Law, Trinity College Dublin

The three experts conclude that there is no constitutional impediment to amending legislation to ensure equality. However the Taoiseach had previously warned of “lengthy legal challenges” should be law be amended and said that a referendum may be required. The experts also advise that case law shows there is no constitutional right to unconditional public funding for denominational schools, and that the Constitution permits the imposition of reasonable conditions on the provision of public funding.

The full Opinion Document can be downloaded here

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