The failure of the State to facilitate the opening of two new multi-denominational schools this September highlights a profound inadequacy in the State's legal and administrative response to a diversifying society.
Both in Navan and Waterford, local groups have proved viability of demand for such schools and their competence to operate them under the State's rules, but have been unable to provide accommodation in which these schools can open.
As a result, parents will effectively be compelled to send their children to schools that uphold a religious ethos that contradicts their conscience. Other parents will be sending their children to schools that are not their rightful choice.
That a modern, democratic, European state with more than adequate resources is placing a minority of its citizens in this situation is deeply worrying.
If a change of policy is not found quickly to address this situation it will almost inevitably lead to yet another costly challenge to the Department of Education and Science in the courts.
To us in Educate Together there appear to be three factors which combine to produce a situation that is unsustainable by the State.
Firstly, the Education Act compels boards of managements of schools to uphold the religious ethos of their patrons. Secondly, the Education (Welfare) Act raises the standards for home education. This combined with modern economic pressures makes such an option not feasible for most parents. Thirdly, the State's policies are actively supporting an overwhelming private monopoly in primary education.
Of the 3,181 national schools in the Republic only a handful are owned by the State. Over 99 per cent of all national schools are under denominational patronage (93 per cent Catholic, 6 per cent Church of Ireland).
Only the 21 Educate Together schools operate under patronage which provides a legal guarantee to support the beliefs of all families and their children. Most of these schools already have waiting lists. As a result, they are unable to meet the increasing demand for such education in Ireland.
There is clearly an urgent need for the planned development of a national network of such schools if the needs of an irreversibly diversifying society are to be met. To an objective observer this would seem to be a valid and worthwhile goal for responsible government.
It would lead to a balanced education system in which all parents would be able to access a school which places no pressure on their children's conscience or faith. It would facilitate denominational education by providing an alternative for those who no longer walk in the faith. It would send an emphatic message to minority communities and those of the majority community who have changed their mind that their beliefs are respected and welcome. It would demonstrate that our State is determined to take up its responsibilities towards the human rights of all its citizens.
However, the response of the Department is unimaginative, ostrich-like and shackled to its historical dependence on powerful religious bodies. It persists in the assertion that its rules for the recognition of new schools are equitable and applied fairly to all promoters and that there is a level playing field.
This is a refrain that is more than familiar with those who have seen state policies in other countries encountering the rights of minorities. There is little recognition of the inequality involved in a level playing field on which play unequal teams or a dead flat chessboard with two players - one of whom has 31 pieces. The existing rules governing new school recognition are inadequate and minimally appear bizarre.
To those involved in the process they are irrational and oppressive. Currently, the Department demands that the promoter of a new school provides the accommodation in which it opens.
In the case of existing providers who have extensive resources and a network of schools, this does not present a substantial obstacle, with many new schools being gestated in an established school until the Department provides it with a permanent building on its permanent site.
In the case of a voluntary group of parents with little access to capital or land and whose whole existence is based on the lack of provision, this presents a huge difficulty.
The group is forced into an increasingly desperate search of local facilities, involving scout halls, sports clubs, community centres, private land owners and the goodwill of religious and other bodies. Most of the solutions they come up with are on the verges of suitability for a school.
In areas of rapidly expanding building, facilities may simply not exist. In some areas, where a multi-denominational school is erroneously felt to be a threat to religious schools, many local bodies are susceptible to community pressure.
If the Educate Together association fails in its search, the rights of their children to inclusive education are straightforwardly ignored by the State. Recently, the Department has countered our application for premises for new schools on the grounds of cost. However, once an Educate Together school is established, the Department works to provide permanent accommodation. As a result, what is at issue here is not whether but when.
In a situation in which land prices continue to escalate, it may well represent a saving to the State to acquire sites earlier rather than later and to work with organisations like Educate Together to ensure that the schools are planned for and available as they become necessary. Furthermore, even the most optimistic predictions would indicate a maximum of 10 new Educate Together schools per annum.
The costs of bringing forward the date of site purchase for these schools by three to five years should not be prohibitive. Educate Together has felt that it is totally unsustainable that a parent's right to an education for their children which actively cherishes their religious and cultural identity is made dependent on their access to property.
We would hope that this view would be shared by everyone concerned with the future of Irish education and the human rights agenda of our evolving society.
Paul Rowe is chairperson of Educate Together, the representative body for multi-denominational schools