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School patronage

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  • Registered Users Posts: 6,913 ✭✭✭Absolam


    it does they keep saying that have to provide education that suits their religious view but they don't, not for the non-religious.
    I'm not really sure what you mean by that. The Constitution says parents have a right and duty to provide for the religious and moral, intellectual, physical and social education of their children, and that the State has an obligation to provide for free primary education. Who keeps saying who has to provide education that suits whose religious view?


  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Absolam wrote: »
    I don't think that's true though. They may not be providing for education in a way that suits everybody, and the education that's provided for may not be provided in a fashion that suits everybody, but that doesn't rise to a failure to meet Constitutional obligations.

    So that's that then! They're meeting their constitutional obligations by abdicating Education to religious orders, so that makes it ok because htat's the status quo.


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    Gebgbegb wrote: »
    So that's that then! They're meeting their constitutional obligations by abdicating Education to religious orders, so that makes it ok because htat's the status quo.
    The thing is, to abdicate something, one must have it in the first place. As I said already the State couldn't have abdicated responsibility to provide education; it only ever had responsibility to provide for education. You can't abdicate a responsibility you never had. Regardless of the status quo.


  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Absolam wrote: »
    What difference do you think think it makes which days they are?

    Because Monday to Friday is not for religious indoctorination... (unless it's outside school hours).
    Absolam wrote: »
    There are four to five days given for moral and secular education, and one to two days given for religious education. It doesn't say any of them aren't school days?

    Well I would presume the 5 days of the week they are referring to are Monday to Friday and the 'other 2 days' would be..hmmmm given that it's not monday to friday let me take a guess.... Saturday and Sunday.
    Absolam wrote: »
    Indeed; on the days not allocated for religious instruction. And, of course, acknowledging that hours used on those days are not ordinary schools hours demonstrates that they are school hours nonetheless.

    YEs that would be Monday to Friday, I think you're getting it now.
    Absolam wrote: »
    Eh.. no. It said it was supposed to take place on the days allocated for it, and outside ordinary school hours on the days not allocated for it. Which is what I said; religious education was supposed to take place during clearly defined school hours, separately from secular education.

    No sorry you've lost it again... religious education was NOT supposed to take place during clearly defined school hours.
    Absolam wrote: »
    Having entirely separate days for religious education seems pretty clearly defined, don't you think?

    YEs that would be clearly defined as Saturday or Sunday... or outside school hours. Would you agree?


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    Gebgbegb wrote: »
    Because Monday to Friday is not for religious indoctorination... (unless it's outside school hours).
    It doesn't say any days are for religious indoctrination though, does it? It assigns four to five days for moral and secular education, and one to two days for religious education; what difference do you think think it makes which days they are? In all there are five to six school days and the letter says nothing of which days of the week must be used for which.
    Gebgbegb wrote: »
    Well I would presume the 5 days of the week they are referring to are Monday to Friday and the 'other 2 days' would be..hmmmm given that it's not monday to friday let me take a guess.... Saturday and Sunday.
    But.. it doesn't say that, does it? So, the four days for moral and secular education could be Saturday, Monday, Wednesday and Thursday, and religious education could be Tuesdays and Fridays. Could they not?
    Gebgbegb wrote: »
    YEs that would be Monday to Friday, I think you're getting it now.
    So even on the days you would prefer were allocated for moral and secular education (not that they're required by the letter to be), the letter specifices that school hours outside of the ordinary school hours may be used for religious education. That definitely sounds like religious education was supposed to take place during clearly defined school hours, separately from secular education and religious education was considered a part of the overall educational curriculum. Just as I said.
    Gebgbegb wrote: »
    No sorry you've lost it again... religious education was NOT supposed to take place during clearly defined school hours.
    So, the one or two days allocated for religious education; are they any less clearly defined than the four or five days allocated for moral and secular education? Do they not take place in the school, just as the moral and secular education days do? The letter certainly gives a very convincing impression that religious and moral and secular education was assuredly to take place during clearly defined school hours.
    Gebgbegb wrote: »
    YEs that would be clearly defined as Saturday or Sunday... or outside school hours. Would you agree?
    Nope, I can't see any reason why Saturday and Sunday would be outside school hours?


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  • Closed Accounts Posts: 2,938 ✭✭✭galljga1


    ^^^^^^^^^^^
    Obstinate meets intransigent.


  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Absolam wrote: »
    It doesn't say any days are for religious indoctrination though, does it?

    It doesn't say any days were specifically for paramilitary training in bomb making either... but if that were taking place I would also hope it was outside school hours!
    Absolam wrote: »
    It assigns four to five days for moral and secular education, and one to two days for religious education;

    This is where you are misunderstanding the import of the stanley letter (in relation to denominational schools). It 'assigns' ZERO days for religious education. The point of the Stanley letter was to state that if religious indoctorination were to take place it would be done outside school hours.

    Absolam wrote: »
    what difference do you think think it makes which days they are?

    MR. Stanley seems to think there is a difference. That's the point of it.
    Absolam wrote: »
    In all there are five to six school days and the letter says nothing of which days of the week must be used for which.

    Yes because it assumes the majority of sensible people understand what the working week and the weekend are. (Naturally there will be 1 or 2 that don't:rolleyes:).
    Absolam wrote: »
    But.. it doesn't say that, does it? So, the four days for moral and secular education could be Saturday, Monday, Wednesday and Thursday, and religious education could be Tuesdays and Fridays. Could they not?

    They indeed could, but see above point about assumption on what a weekend is. (and I'm glad you are now accepting that religious indoctorination was not to take place during school days).
    Absolam wrote: »
    So even on the days you would prefer ...
    it's not my preference. We're talking about the Stanley letter and the history of education for the last 170 odd years
    Absolam wrote: »
    ...were allocated for moral and secular education (not that they're required by the letter to be),
    Absolam wrote: »
    the letter specifices that school hours outside of the ordinary school hours may be used for religious education.

    "School hours outside of the ordinary school hours"..... you're having a laugh now at this stage. Seriously! Anything outside of school hours you call school hours!
    Absolam wrote: »
    That definitely sounds like religious education was supposed to take place during clearly defined school hours, separately from secular education and religious education was considered a part of the overall educational curriculum. Just as I said.

    Oh I see what you're doing now.... you are calling 'school hours' outside of the 'ordinary school hours'... 'clearly defined school hours'.

    Actually they are clearly designated as NOT school hours (the logic being that they are not during school hours.
    Absolam wrote: »
    sSo, the one or two days allocated for religious education; are they any less clearly defined than the four or five days allocated for moral and secular education?

    No they are not any less more clearly defined.
    Absolam wrote: »
    Do they not take place in the school, just as the moral and secular education days do? The letter certainly gives a very convincing impression that religious and moral and secular education was assuredly to take place during clearly defined school hours.

    Horay, you've got it Yes that was the point of the letter and each subsequent report on schools under denominatial patronage for the hundred odd years that followed "religious and moral and secular education was assuredly to take place during clearly defined school hours."

    And that's the problem Mr. Stanley highlighted.. that's not a solution BTW that's a problem. They've known that it would be a problem even before primary schools were set up... they've known that all the way through... and we know that now. If you are not being inclusive you are being exclusive... unless you can jog on and 'found your own school.... or emigrate or something... or.. just go away or something'
    Absolam wrote: »
    Nope, I can't see any reason why Saturday and Sunday would be outside school hours?

    Oh dear! I give up. Can someone else tell this guy what days of the week school is on.


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    Gebgbegb wrote: »
    It doesn't say any days were specifically for paramilitary training in bomb making either... but if that were taking place I would also hope it was outside school hours!.
    So, we can be certain it didn't assign any days either for paramilitary training in bomb making or religious indoctrination, Monday to Friday or Saturday or Sunday. Good stuff.
    Gebgbegb wrote: »
    This is where you are misunderstanding the import of the stanley letter (in relation to denominational schools). It 'assigns' ZERO days for religious education. The point of the Stanley letter was to state that if religious indoctorination were to take place it would be done outside school hours.
    Nope, it quite specifically says "They will require that the schools be kept open for a certain number of hours, on four or five days of the week, at the discretion of the Commissioners, for moral and literary education only; and that the remaining one or two days in the week be set apart for giving, separately; such religious education to the children as may be approved by the clergy of their respective persuasions." It clearly sets apart one or two days for religious education. And says nothing about religious indoctrination, or, as you say, paramilitary training in bomb making.
    Gebgbegb wrote: »
    MR. Stanley seems to think there is a difference. That's the point of it.
    That's a rather odd conclusion to reach when the letter doesn't specify any particular days, only the number of them. What would you say your conclusion is based on?
    Gebgbegb wrote: »
    Yes because it assumes the majority of sensible people understand what the working week and the weekend are. (Naturally there will be 1 or 2 that don't:rolleyes:).
    I suppose it may be true that there are some people who don't realise that the letter was written in 1831, but the modern concept of a five day working week and a weekend didn't exist until the late 19th and early 20th century. So the letter couldn't actually assume something that didn't exist at the time; more accurate to say that you assumed it.
    Gebgbegb wrote: »
    They indeed could, but see above point about assumption on what a weekend is. (and I'm glad you are now accepting that religious indoctorination was not to take place during school days).
    A fairly erroneous assumption as it turns out though. Much like what you're assuming about religious indoctrination; it's readily apparent that religious education was supposed to take place during clearly defined school hours, separately from secular education, and was considered a part of the overall educational curriculum.
    Gebgbegb wrote: »
    it's not my preference. We're talking about the Stanley letter and the history of education for the last 170 odd years
    But the letter doesn't express a preference for which days the various parts of the curriculum are to take place on, so whose preference are you expressing, if not yours?
    Gebgbegb wrote: »
    "School hours outside of the ordinary school hours"..... you're having a laugh now at this stage. Seriously! Anything outside of school hours you call school hours!
    I don't though; just the hours where children attend school. Do you think they weren't attending the school when they were receiving religious education outside of ordinary school hours?
    Gebgbegb wrote: »
    Oh I see what you're doing now.... you are calling 'school hours' outside of the 'ordinary school hours'... 'clearly defined school hours'.
    Well the letter clearly defines when those school hours occur, does it not?
    Gebgbegb wrote: »
    Actually they are clearly designated as NOT school hours (the logic being that they are not during school hours.
    How are they not? Children are attending the school and receiving instruction; in time that is designated in the letter. I would be inclined to say that hours that are not school hours are hours that children are not in school.....
    Gebgbegb wrote: »
    No they are not any less more clearly defined.
    So the letter clearly defines the school time allocated for religious, moral and secular education; religious education takes place separately from secular education, in times that as you say are clearly defined, and is considered a part of the overall educational curriculum.
    Gebgbegb wrote: »
    Horay, you've got it Yes that was the point of the letter and each subsequent report on schools under denominatial patronage for the hundred odd years that followed "religious and moral and secular education was assuredly to take place during clearly defined school hours."
    And that's the problem Mr. Stanley highlighted.. that's not a solution BTW that's a problem. They've known that it would be a problem even before primary schools were set up... they've known that all the way through... and we know that now. If you are not being inclusive you are being exclusive... unless you can jog on and 'found your own school.... or emigrate or something... or.. just go away or something'
    Solution to what? The letter lays out how education was to be conducted, as I said at the beginning; religious education was (and still is) supposed to take place during clearly defined school hours, separately from secular education. Religious education was (and still is) considered a part of the overall educational curriculum, which is borne out by the Stanley Letter in 1831 and Rules for National Schools, which haven't really changed that much.
    Gebgbegb wrote: »
    Oh dear! I give up. Can someone else tell this guy what days of the week school is on.
    Oh, I know what days of the week school is on, but this is the 21st century. The 19th century was a bit different.


  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost


    Absolam wrote: »
    The thing is, to abdicate something, one must have it in the first place. As I said already the State couldn't have abdicated responsibility to provide education; it only ever had responsibility to provide for education. You can't abdicate a responsibility you never had. Regardless of the status quo.
    its not providing for non-religious education for all those that want it


  • Closed Accounts Posts: 9,088 ✭✭✭SpaceTime


    its not providing for non-religious education for all those that want it

    Nor is it providing any alternatives for most other religions.

    The solution for the Church of Ireland community not near a school here used to be boarding school! I'm not exhadurating.

    Long, long history of educational sectarianism here.

    Almost the only bit of progressive policy was setting up the Queen's Colleges now UCC, NUI Galway (and Queen's Belfast). They were setup specifically to be secular to avoid a duplication of what happened in Dublin with a Protestant and Catholic university.


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  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    Absolam wrote: »
    What difference do you think think it makes which days they are? There are four to five days given for moral and secular education, and one to two days given for religious education.
    It makes a big difference if its only two days at the weekend. Its plain enough to me that Stanley was setting aside the weekend as the suitable time for all the after school religious instruction. And banning it during normal school hours.
    "Sunday school" type activities to be held on either a Saturday or a Sunday in other words. Possibly different religions could have used different time slots in the same school premises over the weekend, for sacramental preparation etc..

    However those early attempts by the British govt. to set up a free multi-denominational National School system in Ireland were thwarted by both Catholic and Protestant church authorities, in what was quite possibly the only time before or since, that they have worked together for a single purpose.

    And ever since then, they have both been claiming that if it wasn't for their great efforts to set up the denominational schools under church control, there would have been no schools at all.


  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost




  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost




  • Registered Users Posts: 11,884 ✭✭✭✭PopePalpatine


    I see Absolam has managed to Gish-gallop this thread to a halt. :rolleyes:


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    its not providing for non-religious education for all those that want it
    That's potentially true, but a somewhat different thing from abdicating responsibility for something it has never been responsible for.
    SpaceTime wrote: »
    Nor is it providing any alternatives for most other religions.
    Which just goes back to the point that it's not supposed to provide alternatives; it's supposed to provide for those alternatives. It's even supposed to endeavour to supplement and give reasonable aid to private and corporate educational initiative; just not to actually provide that initiative in the first place.


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    recedite wrote: »
    It makes a big difference if its only two days at the weekend. Its plain enough to me that Stanley was setting aside the weekend as the suitable time for all the after school religious instruction. And banning it during normal school hours.
    That's not at all plain though; it says two days, nothing about weekends. And that's because in 1831 the concept of weekends didn't exist. At best Sunday was a day of worship for some people, but the idea of dividing the week into five working days and a two day weekend didn't come about until the early 20th Century. The Stanley Letter clearly shows that schools were intended to be used for religious education; a specific number of days were set out for it, just as for moral and secular education, and Boards were also to encourage the clergy to give religious instruction to children outside ordinary school hours on the other days of the week, as well as required to exercise the most entire control over all books to be used in the schools, whether in the combined moral and literary, or separate religious, instruction.
    recedite wrote: »
    "Sunday school" type activities to be held on either a Saturday or a Sunday in other words. Possibly different religions could have used different time slots in the same school premises over the weekend, for sacramental preparation etc..
    So, you're stretching 'Sunday' school into Saturdays to try and make the rules fit a weekend concept that didn't exist at the time. Far simpler (and historically accurate) to say that religious education was supposed to take place during clearly defined school hours, separately from secular education. Religious education was considered a part of the overall educational curriculum.
    recedite wrote: »
    However those early attempts by the British govt. to set up a free multi-denominational National School system in Ireland were thwarted by both Catholic and Protestant church authorities, in what was quite possibly the only time before or since, that they have worked together for a single purpose.
    I don't think it would be fair to say they worked together to achieve their aims, but they certainly both worked to obtain the kind of education they wanted for their communities; both invested in their desired outcomes, and achieved them. It's a lesson I think ought not to be lost on those who now want to obtain a particular kind of education for their communities.
    recedite wrote: »
    And ever since then, they have both been claiming that if it wasn't for their great efforts to set up the denominational schools under church control, there would have been no schools at all.
    With all allowance for boastful exaggeration, they're probably not far wrong either. I very much doubt the Irish State would/could have stumped up the cash and resources that the Churches did to open as many schools as they did. Both communities rightly saw it as an investment in their future, just as those looking to foster different educational opportunities probably do now.


  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    Absolam wrote: »
    So, you're stretching 'Sunday' school into Saturdays to try and make the rules fit a weekend concept that didn't exist at the time. Far simpler (and historically accurate) to say that religious education was supposed to take place during clearly defined school hours, separately from secular education.
    There is no point in nit-picking the point too much, because the proposed system would have been subject to change and evolution anyway. Suffice it to say, that proselytising was to be strictly forbidden during normal school hours, but was to be allowed at certain designated times outside of school hours when the relevant religious authorities would be allowed to use the premises to give specific religious instruction to pupils of their own religious persuasion.

    And now in 2015, nearly 200 years later, we are once again approaching this level of sophistication; The ET schools have moved to (only) allow preparation for the sacraments outside of school hours.
    And I'm aware of an RC school near me that provides communion classes on a Saturday morning for RC pupils who attend other local primary schools which do not provide the classes.
    Absolam wrote: »
    With all allowance for boastful exaggeration, they're probably not far wrong either. I very much doubt the Irish State would/could have stumped up the cash and resources that the Churches did to open as many schools as they did.
    At the time of the Stanley Letter, in 1831, Parliament had already agreed funding for the project. We don't know how history would have played out if a free, inclusive, and non-sectarian National School system had been set up at that time throughout the 32 counties.

    But skipping forward to 1916, 1919, 1937, or 1948 or whenever you think "the Irish State" started, any pre-existing schools would presumably have continued much as before.


  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost


    Absolam wrote: »
    That's potentially true, but a somewhat different thing from abdicating responsibility for something it has never been responsible for.
    Which just goes back to the point that it's not supposed to provide alternatives; it's supposed to provide for those alternatives. It's even supposed to endeavour to supplement and give reasonable aid to private and corporate educational initiative; just not to actually provide that initiative in the first place.

    its not even doing that


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    recedite wrote: »
    There is no point in nit-picking the point too much, because the proposed system would have been subject to change and evolution anyway. Suffice it to say, that proselytising was to be strictly forbidden during normal school hours, but was to be allowed at certain designated times outside of school hours when the relevant religious authorities would be allowed to use the premises to give specific religious instruction to pupils of their own religious persuasion.
    I agree, though I don't think it's nit picking to say that the Stanley Letter doesn't prohibit proselytising, it simply notes previous attempts to do so, and that it specifies that religious instruction was to take place during school hours set out for the purpose. It should be noted that the intent behind that separation of instruction had far more to do with a desire to minimise conflict between, and appease, the Established Church and the Catholic Church, than any desire to ensure children received a secular education.
    recedite wrote: »
    At the time of the Stanley Letter, in 1831, Parliament had already agreed funding for the project. We don't know how history would have played out if a free, inclusive, and non-sectarian National School system had been set up at that time throughout the 32 counties.But skipping forward to 1916, 1919, 1937, or 1948 or whenever you think "the Irish State" started, any pre-existing schools would presumably have continued much as before.
    Well, we know they started out with just over 1,000 National Schools in 1831 (out of a total of about 12,000 schools), and by 1924 when the Dept of Education took over there were well over 5,000 National Schools in operation. At that point the Rules for National Schools had been in place for some time, and continued the requirement of separating religious instruction from secular instruction during school hours. I don't think it's unreasonable to say that the National School system was always intended to be simply multi-denominational, not purely secular.


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    its not even doing that
    How so? We've discussed the National Schools, but in addition to those there are obviously Gaelscoilenna, Educate Together schools, and prep schools. These are all variously private and corporate educational initiatives, they are alternatives to the National Schools, and their numbers (with the exception of prep schools) are growing, so if anything the State is doing more than ever before?


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  • Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    Absolam wrote: »
    I agree, though I don't think it's nit picking to say that the Stanley Letter doesn't prohibit proselytising, it simply notes previous attempts to do so, and that it specifies that religious instruction was to take place during school hours set out for the purpose. [...]

    No, religious instruction was Not to take place during school hours. Here's the extract of the letter you're misquoting.
    They will require that the schools be kept open for a certain number of hours, on four or five days of the week, at the discretion of the Commissioners, for moral and literary education only; and that the remaining one or two days in the week be set apart for giving, separately; such religious education to the children as may be approved by the clergy of their respective persuasions.

    They will also permit and encourage the clergy to give religious instruction to the children of their respective persuasions, either before or after the ordinary school hours, on the other days of the week.

    Why does he say "separately" if it is as you incorrectly assert 'during school hours'.

    Unless you are also asserting that "before or after the ordinary school
    hours" are the same as ordinary school hours!


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    Gebgbegb wrote: »
    No, religious instruction was Not to take place during school hours. Here's the extract of the letter you're misquoting. Why does he say "separately" if it is as you incorrectly assert 'during school hours'.
    Because it is separate to moral and secular instruction. If it wasn't taking place during school hours, there would be no need to set apart days for it; yet days are clearly set apart for it.
    Gebgbegb wrote: »
    Unless you are also asserting that "before or after the ordinary school hours" are the same as ordinary school hours!
    Nope, I'm quite clearly asserting that school hours that occur before or after ordinary school hours on the four to five days set aside for moral and secular instruction are school hours nonetheless, just not ordinary ones. And, of course, that school hours on the one or two days set aside for religious instruction are ordinary school hours, just as the school hours on the four to five days set aside for moral and secular instruction are ordinary school hours.


  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost


    Absolam wrote: »
    How so? We've discussed the National Schools, but in addition to those there are obviously Gaelscoilenna, Educate Together schools, and prep schools. These are all variously private and corporate educational initiatives, they are alternatives to the National Schools, and their numbers (with the exception of prep schools) are growing, so if anything the State is doing more than ever before?

    but clearly not enough to provide for education of the non-religious


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    but clearly not enough to provide for education of the non-religious
    That's dubious; not enough is clearly a different assertion from not even, but even so there appears, largely, to be enough provision for education to cover education for everyone.
    There does not appear to be enough (or, in some cases, any) educational institutions providing the kind of education some parents want their children to have; but it's not up to the State to provide those institutions, only to provide for them, or at least to provide for them on an equitable basis with other institutions.
    If it were the case that the majority of parents in a particular area where there was need of a primary school wanted to establish a school which was entirely secular, but the State instead provided for an alternate plan for a Catholic school by a minority of parents in the same area, I would say the State is answerable, just as if the opposite were true. But if no one is making the effort to establish those schools, or is trying to establish them where there simply isn't enough relative demand for them, I can't see how that's the fault of the State.


  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost


    Absolam wrote: »
    If it were the case that the majority of parents in a particular area where there was need of a primary school wanted to establish a school which was entirely secular, but the State instead provided for an alternate plan for a Catholic school by a minority of parents in the same area, I would say the State is answerable, just as if the opposite were true. .

    why a majority? why does that come in to it?


  • Closed Accounts Posts: 13,993 ✭✭✭✭recedite


    Absolam wrote: »
    There does not appear to be enough (or, in some cases, any) educational institutions providing the kind of education some parents want their children to have; but it's not up to the State to provide those institutions, only to provide for them, or at least to provide for them on an equitable basis with other institutions.
    You are suggesting here that its up to the parents to build the kind of schools they want, and then the State would "provide for" the upkeep of those institutions.

    But this is not quite correct. The State is not obliged to provide for the institutions, it is obliged to provide for education. So this would include building the necessary schools as well as maintaining them. If parents wish to build their own private schools, the State is obliged to give reasonable aid. But if they don't wish to, then the State is obliged to build public schools.
    If no new schools are to be built (because the schoolgoing population is stable) then existing public schools must be divested and re-distributed "on an equitable basis" as you put it yourself.
    Article 42 wrote:
    The State shall provide for free primary education and shall endeavour to supplement and give reasonable aid to private and corporate educational initiative, and, when the public good requires it, provide other educational facilities or institutions with due regard, however, for the rights of parents, especially in the matter of religious and moral formation.
    Therefore in many parts of the country the State is in violation of its constitutional obligations. For example in Dublin 6.
    Dublin 6 was listed as a “divestment area” in 2012, but there are no schools available for divestment. Furthermore, there are no plans to open a new school, as the population is considered to be stable.
    So, no divestment, no new school – what’s to be done? Perhaps unsurprisingly, a parent-led campaign for an Educate Together school in Dublin 6 has garnered almost 500 expressions of interest in the two months it is running.
    In this situation, the State appears to be only "providing for" privately owned religious schools, while refusing to provide schools that are open to all members of the public on an equitable basis. This is a flagrant violation of "the rights of parents, especially in the matter of religious and moral formation".


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    why a majority? why does that come in to it?
    Because where availability of funding is a constraint, I think a Supreme Court would lean towards the best use of funds in fulfilling the States obligation to provide reasonable aid; I don't think the State is likely to be held responsible for failing to fund a private or corporate educational initiative for which there is not significant demand, when instead it funds a a private or corporate educational initiative for which there is significant demand.


  • Registered Users Posts: 6,913 ✭✭✭Absolam


    recedite wrote: »
    You are suggesting here that its up to the parents to build the kind of schools they want, and then the State would "provide for" the upkeep of those institutions.
    To a degree, but not entirely. The State didn't bear the entire cost of building the majority of National Schools; it shared it with the patrons of those schools. I don't see why it shouldn't continue to do that with new patrons of new schools.
    recedite wrote: »
    But this is not quite correct. The State is not obliged to provide for the institutions, it is obliged to provide for education. So this would include building the necessary schools as well as maintaining them. If parents wish to build their own private schools, the State is obliged to give reasonable aid. But if they don't wish to, then the State is obliged to build public schools.
    Again, to a degree, but not entirely. There's no expressed obligation in how it is to provide for education; building, or co-building, new schools are options, but not necessarily an obligation.
    recedite wrote: »
    If no new schools are to be built (because the schoolgoing population is stable) then existing public schools must be divested and re-distributed "on an equitable basis" as you put it yourself.
    Why? I don't see where there is any obligation on anyone (least of all the Patrons) to divest schools. The State can fulfil it's obligation to provide for education by retaining existing schools regardless of whether they're the kind of schools most parents want, if it's to the public good (ie economically more sensible) to do so. I'm not saying this would be the case, but I don't think there's any straightforward requirement to act as you envision; there's no must about it.
    recedite wrote: »
    Therefore in many parts of the country the State is in violation of its constitutional obligations. In this situation, the State appears to be only "providing for" privately owned religious schools, while refusing to provide schools that are open to all members of the public on an equitable basis. This is a flagrant violation of "the rights of parents, especially in the matter of religious and moral formation".
    I think you're assuming the State has some sort of constitutional obligation that's not stated? The State's obligation is to provide for free primary education and to endeavour to supplement and give reasonable aid to private and corporate educational initiative. There's no obligation to provide schools that are open to all members of the public on an equitable basis.

    There is an obligation to, when the public good requires it, provide other educational facilities or institutions with due regard for the rights of parents, but whether the public goods requires providing other educational facilities at what is not likely to be an inconsiderable cost, for what may not turn out to be a sufficiently substantial portion of the population when there are already sufficient educational facilities to provide for education, I think would be a tough sell.

    Bear in mind the parents rights that the State is required to have due regard for in this are "to provide, according to their means, for the religious and moral, intellectual, physical and social education of their children."; not providing a school that does that on their behalf, or even not providing schools that are open to all members of the public on an equitable basis, in no way violates, flagrantly or otherwise, those rights.


  • Registered Users Posts: 11,796 ✭✭✭✭expectationlost


    Absolam wrote: »
    Because where availability of funding is a constraint, I think a Supreme Court would lean towards the best use of funds in fulfilling the States obligation to provide reasonable aid; I don't think the State is likely to be held responsible for failing to fund a private or corporate educational initiative for which there is not significant demand, when instead it funds a a private or corporate educational initiative for which there is significant demand.

    who said there wasn't significant demand?


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  • Registered Users Posts: 6,913 ✭✭✭Absolam


    who said there wasn't significant demand?
    I did, in the theoretical situation you're questioning.


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