Willie O'Dea (Limerick East, Fianna Fail)

I do not think it will be an alibi for employers to open up an avenue of discrimination on gender grounds. If the employer refuses a person a job, which he advertises and is available, because of their gender and the person takes him to the equality tribunal the onus will be on the employer, provided a prima facie case is made — because of another section in the Bill — to prove that the gender characteristic constitutes a genuine and determining occupational requirement of the post which he is seeking to fill. He must also establish that his objective in filling that post with a person of a certain sex is legitimate and that the requirement is proportionate. There is a number of hurdles there. The message should go out from here today to anybody who thinks this gives them an alibi or an excuse to refuse people right, left and centre because he does not like people of a particular gender, whether male or female, that is not the intention and that is not what is provided for in the section. As I said to Senator O'Toole, perhaps the wording is somewhat inelegant and gives out the wrong impression; we are prepared to consider that. If some way can be found to put the matter more gently while still meeting the requirements imposed on us by the EU, we would be happy to do that. However, I want to make clear that this is not carte blanche for employers to do what they like and to re-open another avenue of gender discrimination. That will not happen. Given the manner in which the equality tribunal deals with the cases brought before it under the 1998 and 2000 Acts, I am certain it will not happen.