Mary Hanafin (Dún Laoghaire, Fianna Fail)

I am aware that the teacher unions have expressed concern about discrimination against teachers on the basis of sexual orientation. They made particular mention of the provisions of the Employment Equality Act 1998 where a denominational school may not be regarded as discriminating against a person where action is taken to preserve the religious ethos of the school. These provisions, contained in section 37 of the Act, are not confined to schools but also apply to hospitals and any other establishments run by religious organisations. The legislation in question is the responsibility of the Minister for Justice, Equality and Law Reform. I am not aware that any denominational school has formally acted against an employee specifically under section 37 of the Act. I also understand that no teacher has brought a case to the Equality Tribunal on this issue.

If a case were brought, it would have to be looked at not just in the context of section 37 of the Employment Equality Act but also in respect of the extensive rights afforded to employees under other legislation such as the Unfair Dismissals Act. I further understand that in order to invoke the section 37 exemption, an institution would have to prove that it was necessary to protect its ethos.

On the wider issues affecting gay, lesbians and bisexuals in education, my Department has supported a number of initiatives aimed at promoting equality and tackling homophobic bullying in schools. The Deputy will be aware that all schools are required to have an anti-bullying policy and guidance has been provided to schools on this. Specific publications on tackling homophobic bullying have also been made available. School boards of management, as the employers of teachers and other staff, also have a responsibility to protect their employees from workplace bullying.

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