Constitution needs to ensure free education
Les Reilly, Noeleen Kelly, Sheila Smyth and Jacinta Sheridan at the karaoke night in the Portmarnock Sports and Leisure Centre.
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A NEW Oireachtas report which states that children have a right to free primary education is factually incorrect, Independent Senator Joe O'Toole told the Dáil. If such a right existed, it was certainly not stated in the Constitution, he said.
Appendix 5 to the report of the all-party Committee on the Constitution referred to the UN Convention on the Rights of the Child, one of the articles of which refers to making primary education compulsory and freely available to all. Ireland has a responsibility, he said, to ensure that the substance of that article is reflected in our Constitution. 'One of the most important items of case law relating to primary education is that involving Crowley v. Ireland, which arose in 1980,' he said.
'As it happens, I had a great deal to do with that case. Judge Kenny's judgment in the case reflected the contents of the Constitution, which says that ' the State shall provide for free primary education'.
'The Irish version of the Constitution is equally unclear in this regard. It states, 'Ní foláir don Stát socrú a dhéanamh chun bunoideachas a bheith ar fáil in aisce'. The Constitution does not in any way impose upon the State responsibility to provide free primary education. We are being presented with an opportunity to change Article 42.4 in order that it might state 'The State shall ensure that all children have compulsory and free primary education'.'
Senator O'Toole said he did not wish to take away from the work of the joint committee, which was extremely good and important.
'I welcome what the joint committee has done and I congratulate its members, particularly those from this House who have made a solid contribution to its work, its Chairman, Deputy O'Rourke, and the Minister of State. 'However, the UN Convention on the Rights of the Child is not properly reflected in the joint committee's report. In that context, we should once and for all include in written form in the Constitution the State's responsibility to provide children with compulsory and free primary education.
'We must also ensure that where the State is educating a child and is responsible for exposing him or her to certain minimum levels of education, this should also include exposure to physical education.'
