Seanad debates

Wednesday, 26 May 2004

10:30 am

Photo of David NorrisDavid Norris (Independent)

I will do so as briefly as I can, but they are serious matters. I brought the first matter to the attention of the House a few years ago and the same talented young person has contacted me. He is the founder, chief executive, managing director and all the rest of a successful high-tech company. He instituted a pension scheme and he was singled out for special examination by the insurance company because of his sexual orientation, about which he was required to be open under the terms of the life assurance scheme. He was prepared to do that but he has recently been involved in a top-up scheme for himself and the other employees and he has been singled out again. The insurance company contacted his doctor with his agreement. It now requires him and his partner, who are in a stable, monogamous relationship, to subject themselves to HIV tests. This is a modestly invasive procedure. I do not think an insurance company is entitled to direct somebody, simply on the basis of their sexual orientation, to undergo this medical procedure before they are given insurance. I ask the Leader to allow time for this matter to be discussed.

My colleague, Senator O'Toole, has raised concerns about the serious legislative measures being contemplated in a rush. The question of compellability may raise constitutional issues. There is a kind of syndrome here. We have received repeated complaints about a rush in sensitive areas of which the citizenship referendum is another example. A former distinguished Member of this House, Maurice Manning, the Chairman of the Human Rights Commission, stated the referendum may in itself raise issues relating to the protection of human rights. He also complained about the lack of consultation with the Human Rights Commission or the Joint Committee on the Constitution in advance of a decision being taken and stated that the proposal had not been adequately researched or analysed.

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