Dáil Éireann Debate, Thursday - 12 February 2026
124. Deputy Fionntán Ó Súilleabháin asked the Minister for Education and Youth to clarify that there is no legislative basis in Ireland to 'compelled speech' for teachers; if her Department will communicate such legal guidelines to any statutory-funded or other groups communicating any such suggestions or making such claims to the contrary; and if she will make a statement on the matter. [5364/26]
Amharc ar fhreagra144. Deputy Fionntán Ó Súilleabháin asked the Minister for Education and Youth to provide clarification that preferred names and pronouns as referred to in Department of Education guidelines, are policy, but not law; and if she will make a statement on the matter. [5361/26]
Amharc ar fhreagra322. Deputy Fionntán Ó Súilleabháin asked the Minister for Education and Youth to clarify if there is a legal requirement for teachers to use students' “preferred names and pronouns”. [5360/26]
Amharc ar fhreagra323. Deputy Fionntán Ó Súilleabháin asked the Minister for Education and Youth if she is aware that some NGOs are making claims that schools and teachers must use a student's preferred names and pronouns; and if she will make a statement on the matter. [5362/26]
Amharc ar fhreagra324. Deputy Fionntán Ó Súilleabháin asked the Minister for Education and Youth to clarify if a teacher has a legal right to freedom of thought, conscience, speech and religion, as enshrined under Article 44.2.1 of Bunreacht na hÉireann and Article 9 of European Convention on Human Rights; and if she will make a statement on the matter. [5363/26]
Amharc ar fhreagraI propose to take Questions Nos. 124, 144, 322, 323 and 324 together.
As outlined in my Department’s Bí Cineálta procedures, schools are required to create safe and inclusive environments for students, where they experience a sense of belonging and feel safe, connected and supported. The Bí Cineálta anti-bullying procedures are being implemented since the beginning of the current school year, 2025/2026.
The Bí Cineálta procedures are centred on a child rights-based approach and support a partnership approach where all members of the school community work together to prevent and address bullying behaviour. The procedures have been updated to take account of gender identity bullying, cyberbullying, racist bullying, sexist bullying, and sexual harassment. They support schools to develop clear strategies to prevent and address these bullying behaviours as appropriate. Implementation of the procedures is supported by a suite of professional learning resources and information sessions for school staff, Board of Management members and parents.
The Department of Education and Youth provides a broad range of resources?to support schools to develop positive whole-school approaches and to be inclusive of everyone in the school community.
In 2016, a resource, compiled by the Gay and Lesbian Equality Network (GLEN), was published for post-primary schools called ‘Being LGBT in School’ in order to provide assistance for individual schools in designing their policies. It provides guidance to support key individuals as they fulfil their responsibilities in ensuring that their school is safe, supportive and affirming of all students.
The resource suggests that it is good practice to take time with the student and their parents or guardians, finding the right solutions for their particular context, and that there is nothing to preclude a school from using a student’s preferred name in day-to-day interactions.
All decisions should be made with the welfare of the student as the primary consideration.
The ‘Being LGBT in School’ resource is currently under review by Maynooth University. This work is expected to be completed over the coming months. On receipt, my department will consider the appropriate next steps.
Under the provisions of the Education Act, 1998 the board of management is the body charged with the direct governance of a school on behalf of the patron and the principal is responsible for the day-to-day management of the school including the employment of staff and the implementation of school policies.
My department has no direct role in the employment of staff in schools or the day-to-day management of schools. Constitutional rights as set out in Bunreacht na hÉireann, and ECHR rights (as given further effect through the European Convention on Human Rights Act 2003), are recognised and acknowledged. It is a matter for the Courts to adjudicate on any assertion of those rights before them by any individual, including a teacher.
