Paul Givan: Supreme Court ruling on RE is complex and cannot be ignored ... but I want to offer reassurance that under my leadership, Christian faith will continue to shape education in Northern Ireland
On Wednesday the UK Supreme Court delivered what has been described as “probably the single most important legal decision, certainly in the last century” concerning religious education and collective worship in Northern Ireland. This ruling has significant implications for our schools, and I want to address it clearly and decisively.
I know there will be many from a faith background who are anxious about the potential consequences of this judgment.
I want to reassure them that as education minister, I will not permit those who would wish to drive out the Christian ethos from our schools to succeed.
I will chart a course that respects the law while safeguarding the role of faith in education.
The case concerned a child from a non-religious family who were concerned that by the time the child had commenced primary two she had absorbed and adopted a religious (specifically Christian) worldview, which was not consistent with their own views and beliefs.
The Supreme Court held that the teaching of religious education (RE) and the arrangements for collective worship such as assemblies in the primary school attended by the child breached her and her father’s European Convention rights.
While this case arose from specific circumstances, clearly it has wider implication for education in Northern Ireland.
Importantly, the courts did not strike down the existing legislation which requires education based on the Bible, but not specific to one Christian denomination.
We should not be naive.
There are those in Northern Ireland who are involved in fighting a cultural war.
There are those who would wish to see faith driven from our schools to be replaced by every progressive cause, including trans-extremism.
HumanistsNI openly claim that they have been working on the issues addressed by this judgment for 10 years.
Were the Department of Education to be under the control of the Alliance Party, a direct rule minister or those who do not value the role of faith in our schools, there is a very real chance that this could indeed have very far-reaching implications.
But it need not be so.
The High Court made it clear that it is for the department not the courts to ensure that the school syllabus in relation to the teaching of religious education and collective worship is compliant with the European Convention on Human Rights.
That is why it is so important who controls the Department of Education.
Of course we must abide by the decision of the Supreme Court, but there is considerable discretion in how that might be achieved.
The court has held that in the case it determined convention rights were breached, it does not dictate how the Department should remedy the situation.
Though this case long predates my time as education minister, it does fall to me to navigate a way through the judgment.
In doing so I will consider the complete judgment and not selective interpretations designed to undermine the role of faith in our schools.
I will also balance these legal obligations with existing statutory requirements.
I will take time to fully understand the implications of the judgment and what steps might be required to ensure compliance with the European Convention rights.
Immediate knee-jerk reactions would be wrong.
Schools cannot be expected to interpret this complex ruling or make sweeping changes without clear guidance.
The Department will issue comprehensive advice in the coming weeks to ensure consistency and legal compliance.
The judgment has two key areas:
- the religious education taught as part of the school curriculum;
- and the collective worship held in schools mainly through assemblies and other services.
The department is reviewing the overall school curriculum – for the first time in almost 20 years.
The churches are agreed there should be a review of the religious education curriculum and I do not think it would be controversial to take this forward.
Importantly, the court has acknowledged that Christianity can remain the predominant feature of any revised curriculum.
Crucially, it would be for me to select the drafting group of people who have an interest in the teaching of religious education in grant-aided schools and then by Order to specify any core syllabus.
For controlled schools there is already a legal requirement that this religious education is based upon the Holy Scriptures.
Developing RE as a strong academic subject is essential for its long-term future because academic rigour ensures credibility, relevance and respect within the wider curriculum.
A robust academic framework protects RE from being marginalised or reduced to tokenistic practice.
In this way RE will continue to be important because it helps pupils understand the beliefs and values that have shaped the culture, laws and traditions of their community.
The area of collective worship is potentially more complex.
In Northern Ireland there is a right to withdraw a child from collective worship, though in the case before the Supreme Court it was held that the arrangement in place at the school did not satisfy the European Convention.
I will initially explore whether there are arrangements for withdrawal that could be put in place that might satisfy any legal requirements.
This is a complex judgment which cannot be ignored, but nor should it be twisted and exaggerated.
Schools will have many questions about the implications for what they should do.
I will over coming weeks provide clear, legally sound guidance to schools to avoid confusion and ensure a unified response.
We will comply with the law, but we will do so in a way that preserves the values that underpin our education system.
Faith has shaped education in Northern Ireland for generations. Under my leadership, it will continue to do so.
l DUP MLA Paul Givan is the Stormont minister for education