Seanad debates

Wednesday, 9 April 2014

Employment Equality (Amendment) (No. 2) Bill 2013: Committee Stage

 

11:50 am

Photo of Katherine ZapponeKatherine Zappone (Independent) | Oireachtas source

I did not comment fully on my second amendment. I wish to add to my comments.

I tabled the amendment because I am concerned that the Bill does not apply the new subsection (b) where additional protections are offered to people. In light of the religious ethos issue we are discussing, it does not apply to all prospective employees or employees' bodies with a religious purpose. The proposed heightened protection in the subsection is not extended to persons employed by a religious institution. The amendment seeks to include religious institutions per seand not only an institution under the control of a body established for religious purposes. For example, the additional protections afforded under the legislation do not extend to priests, women religious, rabbis, those employed by the archdiocese such as administrators, synagogues or those employed directly by churches such as organists and choirmasters. Why should they not be protected as well? I would like to make sure I am correct about that but my reading of the Bill means it should include the issue of religious institutionsper se.
I refer to Senator Power's comments, particularly the issue of not having the advices of the Equality Authority or the IHRC or amendments from the Government on the issue. We all attempted to table amendments outside of that advice. The advice should be before us and it would be helpful but I am surprised that the Minister does not have it either. We need to be technically correct this regard. I am not a lawyer but we need to be correct because one of the prime issues, which Senator Bacik argued, is the law has to be clear in order that LGBT teachers and people who are atheists or humanists or who come under any other ground are still protected in respect of the religious ethos issue apart from where it is a genuine occupational requirement, which is governed by EU principles. I am sorry we do not have amendments from the Government, as Senator Power said, in order that we know where we are going.

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