Dáil debates

Tuesday, 16 June 2015

Employment Equality (Amendment) Bill 2015: Second Stage [Private Members]

 

8:55 pm

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

I thank Deputies Coppinger, Higgins and Paul Murphy for introducing this important legislation. I welcome that the Government has indicated support for it. Like previous speakers, I appeal that it should not languish, awaiting Committee Stage. The Government has supported many Bills to proceed to Committee Stage, but they go to Room 101 and make no progress. This Bill is too important to go to Room 101.

I welcome the introduction of the Bill, which sets out to amend the Employment Equality Act to ensure it cannot be used to discriminate against lesbian, gay and bisexual teachers on the grounds of a school's religious ethos. This has been an issue which has been widely debated, not least among those in our education sector and activists in the LGBT community.

At the end of 2013, I remember reading the thorough submission made by GLEN to the Equality Authority on this issue. In preparing for this debate I revisited that submission. It is striking that there is need for such a submission in 2015. This section should have been amended years ago.

At a time when Ireland has attracted global attention as a champion of LGBT equality, the Bill is another important stepping-stone in ensuring that Irish society is truly rid of discrimination on the basis of sexual orientation. We have, as a nation, voted with an overwhelming 62% to 38% majority, with just one constituency voting "No". It was a tremendous moment in our history, making us the first country in the world to vote for marriage equality. Collectively it was a great achievement for our people. Yet, in the classroom and workplace, outdated provisions such as section 37 mean that our LGBT teachers are still afraid that their sexual orientation will result in them being treated like second-class citizens.

My party firmly believes that discrimination and intolerance should be challenged and stamped out wherever it exists. The old days of loopholes and shelters for any type of ignorance should be put behind us. Lesbian, gay, bisexual and transgender teachers have the right to have their private lives respected and we must repeal archaic loopholes that allow discrimination in the name of ethos as quickly as possible.

We all believe teachers should be judged, employed and treated on the basis of their teaching ability alone. The ending of this legalised discrimination is about more than teachers, as was alluded to by a number of speakers. The weight of laws such as section 37 impress upon gay, lesbian and transgender people the type of self-censorship which enable and propagate homophobia in general. Schools are where children form their identities, and learn and develop as individuals. It is paramount that our legislation and legal protections have tolerance, diversity and equality within them.

The treatment of lesbian, gay and bisexual teachers can have a major bearing on how young gay people see themselves. Teachers are role models for schoolchildren and this is no less true of gay teachers. Young people coming to terms with their sexuality should feel comfortable in having gay role models as teachers. When young gay people see that their role models are being discriminated against, or even verbally bullied, they will be less confident and less comfortable in asserting their individual rights.

Clearly it is incumbent on the Government to address section 37, a clause that has reinforced fears of discrimination against LGBT workers in religious-run institutions, particularly those employed in schools and hospitals.

Its retention on the Statute Book makes it even more difficult for employees to be open about their sexuality. This is reflected in research published jointly in 2007 by the Equality Authority and the Equality Commission for Northern Ireland, which found the fear associated with section 37(1) has a significant, negative impact on lesbian, gay and bisexual teachers. The inclusion of this provision effectively forces teachers to avoid seeking employment in given sectors or to take up employment in conditions where they are compelled to conceal their sexuality. Removal of this provision will help to create a culture in schools in which homophobic bullying of teachers and students is no longer tolerated. If we are serious about combating homophobic bullying then we need address section 37 and ensure no loophole remains in existing legislation that will allow discrimination in any shape or form. This is the society for which Ireland voted on 22 May. It is the Ireland that all of us in this House have a duty to reflect in the legislation we enact.

Debate adjourned.

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