All teachers who want to work in Catholic schools will have to seek personal approval from the Church under confidential plans drawn up by Scotland's largest local authority.
The move in Glasgow marks a significant escalation in the rights of the Catholic Church over the employment or promotion of teachers in Catholic schools on the grounds of their "religious belief and character". There has already been a furious backlash to the proposals from officials at the Educational Institute of Scotland (EIS), Scotland's largest teaching union, who believe it flouts employment regulations.
There have also been warnings from Glasgow City Council itself that the authority could face legal action from unsuccessful candidates unless the Scottish Executive changes the law.
The new recommendation, contained in a confidential paper seen by The Herald, could ultimately clear the way for the Church to vet all teachers in each of Scotland's 391 Catholic primaries and secondaries.
The paper, which will be considered by the council's executive committee in August, follows an employment tribunal last year involving a teacher called David McNab which restated the Church's right to approve all teachers in its schools.
Although the right was enshrined in the 1980 Education Act, it has never been fully observed, with many councils, including Glasgow, choosing instead to reserve only specific posts, such as that of headteacher, for Catholics.
Following the McNab ruling, the Scottish Catholic Education Service (SCES), set up by the Church to promote the distinctive nature of denominational education, said all teachers applying for a job should provide the name of a referee to testify to their commitment to Catholic schools.
In addition, teachers should agree to promote the values set out in the Charter for Catholic Schools in Scotland, which states that teachers should have a commitment to uphold the moral teaching, faith tradition and sacramental life of the Church.
After considering the tribunal's findings, council lawyers decided that abiding by the SCES guidelines provided the "best attempt" to reconcile tensions between the Church's right and employment regulations drawn up in 2003 which make it unlawful for an employer to discriminate against someone on the grounds of religion or belief.
However, officials also warned in the confidential document: "It may ultimately be that this tension can only be resolved by the Scottish Executive or a superior court."
Last night, officials from the Glasgow branch of the EIS said they intended to oppose the council plans. Willie Hart, branch secretary, said: "The EIS nationally has a policy of equality of opportunity in employment regardless of race, religious gender or sexual orientation, and this development would appear to diminish that.
However, Neil Roarty, chairman of SCES, welcomed Glasgow's move and said he hoped other local authorities would follow its example. He said: "This is not about denying people access to Catholic schools. It is about ensuring that all those who work in Catholic schools, of whatever faith, are prepared to uphold the distinctive aims and values of Catholic education."
Gordon Matheson, the council's executive member for education, said: "As a consequence of the outcome of the McNab case, the council has revised its approval policy for teachers applying for posts in Catholic schools."
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article