Brian Hayes (Dublin South West, Fine Gael)
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Question 66: To ask the Minister for Education and Science if the issue of discrimination against gay and lesbian teachers in schools here has been brought to her attention or that of her Department; and if she will make a statement on the matter. [13472/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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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.

Brian Hayes (Dublin South West, Fine Gael)
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As the Minister rightly said, this issue was raised at the recent teacher conferences. It is disquieting that a group of teachers feel their work is threatened by their sexual orientation. I would like a reaction to the comments made, particularly at the INTO conference, by a couple of brave teachers who feel their future employment prospects are affected by their sexual orientation or that they have been subjected to homophobic comments within or outside the school.

The Minister referred to section 37 of the Employment Equality Act 1998. I know it is a matter for the Minister for Justice, Equality and Law Reform, but I ask the Minister to work with the teachers' unions to see whether there are ways in which that section could be amended or improved to make it abundantly clear that irrespective of the patronage model of schools up and down the country, people cannot discriminate against gay or lesbian teachers. Will she engage in a constructive dialogue with the teachers' unions on that issue?

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Obviously any form of homophobic bullying or bullying in the workplace should not be tolerated by the schools themselves or by any institution. There is legislation to protect people to whom this happens and it should be invoked. The general secretary of the Catholic Primary School Management Association, Monsignor Dan O'Connor, is on record as saying that sexual orientation is only an issue if it actively undermines the ethos of the school. It is significant that no case has been taken to the Equality Tribunal.

Ruairi Quinn (Dublin South East, Labour)
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Exactly.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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That speaks for itself. I can understand that people in that situation may feel a sense of fear, but the problem has not occurred to the extent that somebody has had to take a case. I hope we will never see this. The legislation does allow for schools to protect their ethos, which is a provision that exists in a number of countries. It does not apply only to schools but also to hospitals and so on.

Brian Hayes (Dublin South West, Fine Gael)
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Is it not the issue that teachers in permanent teaching positions within our schools would have considerable fear about taking a case such as the Minister has described because of their positions and their leadership roles within their communities? There is an unwritten cultural acceptance of such discrimination within our school framework. My question, which I repeat, is whether the Minister will engage with the teaching unions on this issue. While a small group of teachers had the courage to put on record their concerns about this section of the Act at the teacher conferences, I presume they represent a much wider group within the teaching profession.

Ruairi Quinn (Dublin South East, Labour)
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Ten per cent of teachers.

Brian Hayes (Dublin South West, Fine Gael)
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I would have thought it was at least 10%. The Minister has an obligation to the House and particularly to the teaching profession to stand up in support of those teachers and to ensure their rights are vindicated and that there is no discrimination against them and their future prospects in our school system.

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I want to ensure there is no discrimination and no bullying, within the context of the legislation, based on sexual orientation. It is encouraging for teachers to know that none of them has been forced to take a case. A teacher would only take a case if there was a feeling that he or she had been strongly discriminated against. I hope that will encourage other teachers to be more comfortable in their teaching positions.

There have been some indications that it is not school managements that discriminate against gay and lesbian teachers but parents. Some parents can be uncomfortable with the sexual orientation of their children's teachers. Perhaps there is a wider educational issue which should include parents. Our inspectorate has been working closely with teachers, representative groups and the Equality Authority to ensure that we have school policies in place that reflect the fact that everybody should be respected. It is important to mention that young people are also learning about this issue in their RSE classes, and respect is given to them as students. Section 37 of the current Employment Equality Act allows schools to preserve their religious ethos, but they must be able to show that whatever actions are taken are necessary.