Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

On behalf of the Government, I thank Deputies from all sides of the House for their contribution to the debate in the past two days. It has been a very positive debate and broad support was expressed for delivering equality to all workers, in particular the teachers who feel oppressed by the current legislation.

Deputy Catherine Murphy referred to the devastating effects of discrimination and homophobia. Studies highlighting higher rates of depression and self-harm among the LGBT community have underlined these effects all too clearly. Deputy Buttimer mentioned his experience as a gay secondary schoolteacher and Deputy Lyons also spoke about his experience and the need to have in place effective policies and strategies to combat homophobic bullying in schools. Those and other examples mentioned by Deputies show the extent of the problem and the need to have in place amending legislation as soon as possible. For that reason, in the programme for Government we committed to amending section 37(1) to provide for a more equitable balance between the rights of freedom of religion on the one hand and the right to be free from discrimination on the other. The Government supports the sentiments and principles behind the Bill before the House tonight, which is why we will not oppose the legislation on Second Stage.

However, we are convinced that the detail of the approach proposed is somewhat flawed. As noted by my colleague, the Minister of State, Deputy Ó Ríordáin, last night, it is doubtful whether the Bill adequately meets the constitutional protection afforded to freedom of religion and to religious bodies to establish and maintain their own institutions. It does not provide any guidance on resolving disputes between employees and employers. It would remain the case that an employer has the right to take action against employees who act against the employer’s best interests or undermine the institution’s ethos. The Bill fails to distinguish between religious institutions run wholly for private purposes with those providing a social, educational or medical service to the public financed by State funding. This is an important distinguishing feature that must be recognised in any amending legislation to ensure its constitutionality. The attempt at reform in the Private Members’ Bill introduced by the Labour Party in the Seanad in 2013, which was signed by a number of Members of this House, along with the Government’s proposed amendments to it, represents a better approach. That legislation insists that employers who are providing publicly funded services would have to meet a higher standard of justification for any action taken against an employee on grounds of undermining the institution’s religious ethos.

I hope the House can understand our reasons for being cautious, given what is at stake. While the intentions of the Bill before the House are praiseworthy, a flawed attempt that is struck down by the courts would have a seriously detrimental effect on the very people it is meant to help. When legislating on this matter, the Oireachtas must meet the test of maintaining a proportionate balance between the constitutional rights of religious denominations to manage their own affairs and maintain institutions for religious and charitable purposes and the rights of other citizens to equality before the law and to earn their livelihoods. Although there were some suggestions that we should amend the Constitution, we are working within the Constitution as it is written.

The Government proposals for improving the 2013 Private Members’ Bill will be finalised very shortly and, once approved by the Government, will be published as amendments to the Seanad Bill with a view to its early passage through both Houses. I can understand Deputies’ frustration at the apparent slow progress of reform, however I repeat the assurance of the Minister of State, Deputy Ó Ríordáin, last night that the Government is fully committed to bringing the matter to a successful conclusion as quickly as possible in a way that is constitutionally robust.

During the lifetime of this Government we have achieved a great deal for LGBT people, and much needed to be done. We have introduced compulsory anti-bullying procedures in all schools explicitly referring to homophobic and transphobic bullying for the first time. We are enacting what has been described as the most progressive gender recognition legislation in the world. Last month, all of us together attained a remarkable achievement by becoming the first nation in the world to vote to recognise civil marriages between same-sex couples. Many people here have referred to it as one of the most positive expressions of the Irish people in our lifetimes. Putting an end to discrimination in our schools and hospitals will be the next important step for us to achieve.

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