Willie O'Dea (Limerick East, Fianna Fail)

Section 37(1) was inserted to permit discrimination by religious bodies in certain circumstances. These provisions are not affected by the provisions of the equality directives, the transposition of which is the purpose of this legislation. Article 4(1) of the framework employment directive narrows the provisions in section 37(1).

I understand what Senator O'Toole is saying but such discrimination is behaviour-related and not ground-related. If we look back to the Employment Equality Act 1998, section 37(1)(b) states that a religious education or medical institution is protected if it discriminates by taking action which is reasonably necessary to prevent an employee or a prospective employee from undermining the religious ethos of the institution. Senator O'Toole wants to restrict action taken on religious grounds only. I will have a look at his amendment but I do not see how it adds anything to the Bill. If a person gets rid of an employee or refuses someone a job because he proposes to use alcohol or cook pork when he is seeking employment in a Muslim establishment, the decision is taken to protect the religious ethos of the establishment and it is based on his conduct. If, as Senator O'Toole suggests, this is included in the section as discrimination on the religious grounds, I do not see how it adds to the Bill. If he can explain that, I will consider his amendment.