Joe O'Toole (Independent)

I move amendment No. 14:

In page 17, line 35, after "by" to insert "inserting in subsection (1)(b) after 'it takes action' the words 'on the religion ground' and".

Section 37 was the most divisive section of the Employment Equality Act 1998. It was appalling that it allowed discrimination in certain instances, after a high profile discussion in which the Church of Ireland took a leading role, egged on by the Catholic Church. The Bill was introduced by the rainbow Government and passed by the coalition Government following the election in 1997. Despite the objections we raised, section 37 of the original Bill was passed because it was felt that a person running a Catholic school was entitled to ensure that its Catholic ethos would be protected. The Equal Status Bill was being debated at the same time and there was much discussion of this in both cases.

I lost the argument because of support for the ethos of religious institutions. I did not oppose that but thought it could be done better in a different way. I am now trying to ensure that if legal discrimination takes place in religious institutions that would be illegal anywhere else, it must be done solely on the religious ground. My instinct is to get rid of section 37 of the previous Act but there is no chance of that so this amendment tries to confine discrimination to the religious ground. Last night "Prime Time" dealt with religion in education and this issue arose. This amendment would ensure action would only occur on the religious ground. It still protects the religious values and ethos and does not allow anyone to undermine it.

The amendment rules out, however, any attempt to describe spurious activity as discrimination in favour of the ethos of the institution. It tightens up the Bill. I would prefer to get rid of the section but we have decided that such discrimination should be allowed and I am trying to keep it within the spirit of the Bill and the previous Act by confining it to the religious ground.