THE Catholic hierarchy has criticised the Education Bill for trying to take the control of Catholic schools away from their patrons and for allowing the Minister for Education wide powers to interfere in their management.
The hierarchy's education commission, headed by its chairman, Bishop Thomas Flynn, was making a submission to the Oireachtas social affairs committee yesterday.
Brother Declan Duffy, who presented the submission, said the church could not accept the Bill's proposals to give rights to the Minister to impose boards of management on privately owned and managed Catholic secondary schools "without the agreement of the patrons and trustees, and to dictate the composition of these boards".
He expressed concern that there was no mention in the Bill of denominational primary and secondary schools right to exist, raising questions about Catholic patrons right to found, extend and replace their schools.
He also asked whether a growing core curriculum could become so extended that it would exclude religious education and instruction.
The hierarchy wants Section 44 of the Bill to be amended to acknowledge the existence of a deed of variation for primary schools currently the subject of examination by the Attorney General. This would "support the characteristic spirit of the school as determined by the cultural, educational, religious or social values and traditions which inform and underpin the objectives of the school in accordance with the deed of variation and the deeds of trust, as may be determined from time to time by the patron".
The submission notes that the Bill attempts to impose a board of management on every school and that the Minister has been given the right to determine the membership of such boards". This would include privately owned Catholic secondary schools where appointing boards of management had always been the responsibility of the church trustees, and recognised as such by the Department of Education.
It says the Bill proposes to put other major constraints on privately owned and managed Catholic schools on enrolment policy; dismissal of teachers; sanctions on pupils; and the role of the Education Board vis a vis the patrons.
The section stating that it is part of the duty of a school board to consult with and keep the patron informed of its decisions and proposals is "an attempt to wrest control from the patron", it says.
"Why do we want to give so much power to the patron or trustee?" Brother Duffy asked rhetorically. "Because the patron is the custodian of the school's founding intention."
The hierarchy's submission says the patron's approval for the appointment of principals and teachers "must be written into the Bill".
It also warns: "The patrons of Catholic schools could not accept a situation where the parents, the board of management and the patron see that a teacher's position is intolerable but cannot dismiss. The introduction of the requirement to obtain the Education Board's agreement may render it impossible to move against a teacher who is unsuitable.
"The Bill, it would appear, does not recognise the rights of patrons as owners of Catholic secondary schools."