A secondary school in Clonmel has successfully appealed a decision of Equality Tribunal that its admission criteria were indirectly discriminatory against children from the Traveller community.
In December 2010, Mary Stokes brought a case before the Equality Tribunal on behalf of her son John with the assistance of the Irish Traveller Movement Law Centre (one of PILA's stakeholders). John had been denied admission to Christian Brothers College in Clonmel, and his mother alleged that the admissions criteria for the secondary school indirectly discriminated against members of the Traveller community. The school's admission policy favoured applicants on the basis of three criteria: those who were Catholic, had attended a local primary school and whose father or older sibling had attended the school. While John met the first two criteria, he did not meet the third.
Bulletin readers may recall that the Equality Tribunal had ruled in favour of Ms Stokes, finding that the school's admission policy was indirectly discriminatory against children from the Travelling community. The school then appealed this decision to Clonmel Circuit Court.
Justice Tom Teehan found in favour of the school. He noted that it was likely that minorities such as Travellers, and foreign nationals would be disadvantaged by such a rule, however that it was then up to the secondary school to demonstrate objectively that the rule had a legitimate aim, was appropriate and necessary. Justice Teehan was satisfied that the school was applying measures towards its legitimate aim of supporting "the family ethos within education", also noting that former students' groups' activities helped to support the school financially. However Justice Teehan also commented that it might be appropriate for the Oireachtas to look "at the issue of providing a mandatory requirement for positive discrimination in schools' admissions policies."
In June, Minister for Education Ruairí Quinn said that legislation may be introduced to outlaw school admission practices that discriminate against certain applicants. Click here to read a discussion paper released by the Department of Education and Skills, which refers to school admissions processes.
Click here to access a PDF version of Justice Teehan's judgment in this case.
Click here to read a report in the Irish Times about the case, and comments by Mary Stokes and ITM Law Centre solicitor Siobhan Cummiskey about the case.
Bulletin readers may also recall the recent success of the ITM Law Centre in another case involving Traveller discrimination.
**Ed: After the Bulletin went to press, PILA learned that ITM Law Centre filed an appeal to the High Court today, 27 July, on behalf of Mary Stokes.