Restrictive school enrolment policies operated by the churches and other groups may have to be changed, the Equality Authority signalled yesterday.
Referring to the recent school enrolment crisis in north Dublin, the authority expressed concern at "the emergence in effect of segregated primary school provision for black and minority ethnic students".
In what is seen as a highly significant statement in education circles, the authority suggested that management groups could no longer use an exemption allowed under the Equal Status Act if this had the effect of excluding persons of other religions or other races.
The exemption allows schools to implement policies which they deem as "essential to maintain the ethos of the school".
Some school management groups believe the exemption gives them carte blanche to operate enrolment policies as they see fit.
But the authority warns that the meaning of this exemption is nothing like as clearcut as portrayed in recent reports.
It noted that there was, as yet, "no definitive understanding of what is meant by 'essential to maintain the ethos of the school'."
It continued: "Given that the vast majority of national primary schools in the State are denominational and continue to allow students of other denominations and none to attend, there would be difficulty in proving that it is essential to maintain the ethos of a particular religion to require every student to be of a particular denomination."
Last night, education sources suggested that the authority's view could have serious implications for all schools run by church groups. They also suggested that any admission policy - such as a "first come, first served" policy - could be open to challenge if it was seen to work against newcomer children.
Yesterday, Minister for Education Mary Hanafin said the position paper represented "fair comment", but she declined to comment on the wider implications until it had been considered in more detail.
Ms Hanafin is coming under increasing pressure to convene a national forum on school patronage.
Last night, John Carr of the INTO said the problem was that education systems and structures, developed in the 1800s, were still being used in a much changed 21st century Ireland.
He called on the Minister to establish a forum of all the education partners to plan for a rapidly changing future.
