The Association of Trustees for Catholic Schools has warned Minister for Education Richard Bruton that moves to require schools to timetable classes in exam-subjects for children who opt out of religion classes may be in breach of the law.

Until now, students who did not want to participate in religious instruction or worship were mostly required to sit at the back of the class or participate in study periods. However, a circular issued this year by Mr Bruton and which has come into force for the new academic year requires that such students should be timetabled for alternative subjects instead.

The new rules apply only to State-run secondary schools and community schools and not the majority of schools which are voluntary.

The Catholic Schools group noted that community schools with shared Catholic patronage were established under “model agreements” with specific provisions regarding religious education. “It is not clear to [the association] how the Minister is entitled to issue a circular letter requiring boards of management to make particular arrangements for religious worship or religious education in the context of a community school or community college . . . where the terms contradict the express obligations cast upon the school and patron.”

It added: “The board of the association is currently considering whether the recent circular constitutes a legitimate and lawful interference with the rights of its affiliated members, which rights, as you are aware, are protected by the Constitution as well as by provision of the Education Act 1998.”