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Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: This has been a useful debate. It is useful to have that discussion about the broader context in which we operate here and I agree with much of what the Minister of State stated in that respect. I share the concerns that have been outlined about the distinction in the Bill between public and private organisations which is an unjustified one, the lack of protection on the religious ground...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: While I must accept reluctantly that the Government has been advised not to proceed with the deletion route, as I said, I was given that same advice when I prepared my former party's 2012 Bill, I have to accept that is our starting point. However, the Minister of State could go much further and he could tighten up the language a good deal. I would like to get to the point where we can...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: Amendments Nos. 1 and 3 to amendment No. 13 are designed to remove the distinction in the text of the current wording from the Government between public and private institutions. Essentially, they would mean that the tougher conditions in subsections (1)(a) to (1)(c) would apply to all religious educational and medical institutions with the religious ethos covered by subsection (1) whether...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: I respectfully remind Members that we had agreed to discuss amendments Nos. 1 and 3, on the distinction made in the legislation between public and private institutions. I am eager to hear the Minister of State's response on that and if he will accept-----

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: It is an interesting debate and I will be more than happy to give my two cent worth on another occasion, but we have been here for an hour and three quarters and we are still on the first amendment. We have several other amendments and a number of very serious issues to discuss. With respect to the people in the Gallery, who have come from GLEN, the INTO group and others who are here today-----

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: It would be useful for us to have a discussion on the individual amendments and to focus our attention on trying to improve the legislation before us as much as possible. Perhaps on another day we could have statements on the broader issues.

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: In his response the Minister of State referred to the Irish Constitution and competing constitutional rights between equality, the individual's right to earn a livelihood, to privacy and other personal rights an individual has as an employee or potential employee, and the right to freedom of religion under Article 44. EU law supersedes our Constitution. That includes the directive I...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: That is because I am over here.

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: There is nobody left over there to argue this issue.

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: The Minister of State has made my point in reading out that article from the directive because the latter part makes it very clear that the exemption applies only “where, by reason of the nature of these activities or of the context in which they are carried out, a person's religion or belief constitute a genuine, legitimate and justified occupational requirement”. That is the...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: Amendment No. 2 to amendment No. 13 is mine and amendment No. 6 to amendment No. 13 is Senator Zappone’s and they deal with the same issue. Amendment No. 2 states that in addition to referring to the institution’s ethos we would also insert a new sub-section:(c) the relevant position of employment primarily involves the propagation of religion, such that the religion or belief...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: As it stands, primary school teachers are hired to teach the full curriculum.

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: That is the situation. For as long as this remains the process by which we hire our teachers and organise our schools it will be impossible for individual schools to find a way of hiring in a teacher to teach one subject. I know from my discussions with primary teachers-----

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: I know from my discussions with individual teachers and their representative groups that teachers are happy to teach the curriculum. Some of them would, in an ideal world, like the system to be changed. I have met teachers who told me that while they are atheists they are happy to teach religion and prepare children for their Holy Communion.

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: On the last occasion we discussed this issue it was argued that it is okay to refuse a person employment on the basis that he or she does not share the religion of the school. I do not accept that. This remains acceptable in terms of the wording being put forward today by the Government. The programme for Government, to which the Minister of State's party and Fine Gael signed up when they...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: I do not wish to overly prolong the debate as it is clear the Minister of State is not going to move on this issue. The Constitution contains competing personal rights to protect the individual such as the right to earn a livelihood, the right to equality and others, which have to be balanced against the right to religious freedom. One right does not necessarily trump all others and all of...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: Amendments Nos. 4 and 11 to amendment No. 13 would essentially require an institution which was seeking to rely on the exemption provided in section 37(1) to publish its ethos in writing. It is only reasonable and fair that those who could potentially be penalised for undermining that ethos be aware of what exactly it is. My objective is to provide clarity on these issues as many of them...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: I am disappointed by the Minister of State's reply. It is just common sense that if one is required to comply with something, one should be entitled to know what it is.As I have stated all along, the test for this legislation is whether it gives people the comfort to be free to be themselves and to know where the line is in the workplace, that is, if they are asked to respect something, they...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: I am sorry. Senator Zappone and I have similar amendments, Nos. 5 and 10, respectively, on respect for an employee's privacy. I have tabled amendments on marriage and freedom of expression because I am concerned that the wording of the Bill is not sufficiently clear. While I appreciate that a certain conduct is required of employees or prospective employees where public institutions,...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages (9 Jul 2015)

Averil Power: We are discussing them.

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