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

Averil Power: We are discussing amendments Nos. 5 and 8 to 10, inclusive, to amendment No. 13 together for the purpose of accelerating the debate.

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

Averil Power: Amendment No. 9 relates to freedom of expression and is designed to address a concern that I mentioned on Committee Stage last week and that teachers have raised with me, namely, attending a pride parade. Clearly, this is a form of conduct, as the Bill does not restrict questions of conduct to the workplace. Could the mere fact of attending a pride parade or being photographed in local...

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

Averil Power: I welcome the fact that the Minister is accepting amendment No. 5 which is largely in the spirit of where I was coming from on amendment No. 10 in respect of privacy. However, I am still a little concerned in respect of freedom of expression and what the Minister of State has said about conduct outside the workplace that might be contrary to an employer's ethos. Does that cover someone...

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

Averil Power: I thank Senator Norris. People want to be able to answer the type of casual question that is posed in the staffroom or the classroom that the rest of us take for granted.

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

Averil Power: The point of the legislation is that when teachers go in on a Monday morning and have the normal banter about how their weekend was, what they did, who they were with, lesbian and gay teachers feel they cannot answer those questions because they cannot be honest about who they are. They feel, when talking about their partners, they have to use non-gendered pronouns, for example a female does...

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

Averil Power: What if a person asks a teacher what her husband's name is and she says it is her wife?

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

Averil Power: I move amendment No. 2 to amendment No. 13: In subsection (1A)(b), proposed to be inserted by paragraph (b), to delete "the institution's ethos" and substitute the following:"the institution's ethos, and (c) the relevant position of employment primarily involves the propagation of religion, such that the religion or belief of the employee or prospective employee is integral to that position.".

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

Averil Power: I move amendment No. 3 to amendment No. 13: In the text proposed to be inserted by paragraph (b), to delete "(1B) Where an educational or medical institution referred to in subsection (1) is maintained, in whole or in part, by monies provided by the Oireachtas, action of the type referred to in paragraph (b) of that subsection" and substitute the following:"(1B) In respect of an institution...

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

Averil Power: I second the amendment to the amendment.

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

Averil Power: I second the amendment to the amendment.

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

Averil Power: I move amendment No. 6 to amendment No. 13: In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert the following:"(1D) Without prejudice to the generality of subsection (1C), nothing in subsections (1) to (1C) may be relied upon by an institution referred to in subsection (1) to— (a) justify or permit discrimination on the basis of religion or belief...

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

Averil Power: I move amendment No. 8 to amendment No. 13: In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:"(1F) Without prejudice to the generality of subsections (1C) and (1D), nothing in subsections (1) to (1D) may be relied upon by an institution referred to in subsection 1 to justify or permit discrimination on the basis of civil status or to allow any...

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

Averil Power: I move amendment No. 9 to amendment No. 13: In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:"(1G) Without prejudice to the generality of subsections (1C) and (1D), an institution referred to in subsection 1 shall not be permitted to take action that treats a person less favourably on the basis of a lawful exercise of that person's right to...

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

Averil Power: I move amendment No. 11 to amendment No. 13: In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:"(1I) An institution may only rely on this section where the ethos of the organisation is defined and published and the employee or potential employee has been made aware of it.".

Seanad: Conditions of Work: Motion (8 Jul 2015)

Averil Power: I move: That Seanad Éireann: - supports the key elements of the Irish Congress of Trade Unions' Charter for Fair Conditions at Work as an important contribution to the ongoing work with representatives of employers on developments in industrial relations and the Government’s agenda of reform in this area, including the following elements: - a living wage that affords an...

Seanad: Conditions of Work: Motion (8 Jul 2015)

Averil Power: I thank everybody, on all sides of the House, who has contributed to the debate. In particular, I thank Senator Jillian van Turnhout, from the Independent group, for seconding the motion, for which I am glad that we have secured all-party agreement. As a group, we deliberately drafted it in such a way that it would be achievable. We did not seek to score points, throw petty criticisms at...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Committee Stage (Resumed) (2 Jul 2015)

Averil Power: I also welcome the Minister of State, Deputy Ó Ríordáin, to the House. He is the fourth Minister to deal with legislation in this area in the House. The former Ministers, Deputies Quinn and Shatter, dealt with it when I tabled a Bill in 2012. The Minister of State, Deputy Kathleen Lynch, dealt with Senator Bacik's Bill in 2013 and the Minister of State is taking it. It has...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Committee Stage (Resumed) (2 Jul 2015)

Averil Power: I thank the Minister for outlining his intentions for Report Stage. I also acknowledge the additional criteria he has set out, the new test, in requiring that actions taken are rational, proportionate and are responses to actual conduct and not to a person's individual characteristics, as I had called for. It is a significant improvement in the Bill and I welcome that. I believe the...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Committee Stage (Resumed) (2 Jul 2015)

Averil Power: It is very unusual for me to disagree with Senator Norris. On religion teachers, I think the purpose of Senator Zappone's amendment is that even on the religion ground, it should be a genuine occupational requirement. In a second level school, obviously somebody opts to teach religion as a core subject. In a primary school, every teacher has to teach religion - it is part of the job. I do...

Seanad: Employment Equality (Amendment) (No. 2) Bill 2013: Committee Stage (Resumed) (2 Jul 2015)

Averil Power: Yes. All of our primary teachers have to teach religion. I know that is a broader issue in terms of patronage of schools. We can have that debate another time but until we have that debate, I support the sentiments behind this amendment. When hiring a primary school teacher being a particular faith is not a genuine occupational requirement because the protections are already there that if...

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