Ruairi Quinn (Dublin South East, Labour)

If I may first mark this unique occasion by saying it is a testimony to the respect and the commitment to this matter of both the Minister for Justice and Equality and myself.

I thank Senator Power for affording the Oireachtas the opportunity to debate this legislation. Our agreed programme for Government states that lesbian, gay, bisexual and transgender people should not be deterred from taking up employment as teachers in this State. I know it is with the spirit of that commitment in mind that Senator Power has tabled this constructive legislation. I have had many conversations relating to this matter in recent months with Senator Power as well as with Senators Bacik and Zappone and I have made my views and those of the Government known to teachers and to the public, as was said in a previous contribution. I will repeat the sentiment expressed by the Minister, Deputy Shatter, lest there be any doubt - it is the position of this Government that we will ensure that discrimination against LGBT people, or against single mothers, will be brought to an end.

The society in which we live has undergone a seismic shift in recent decades. The changes we have witnessed touch on all aspects of life - political, social, economic, cultural and educational. The Ireland of today is a far more diverse, open and questioning one than that of a generation ago and certainly of the one in which I came of age. This brings with it exciting opportunities. Diversity is good for society. It fosters new ideas and fresh thinking. It creates the possibility to share in each other's worlds, to gain new perspectives and, most important, to learn. It also creates its own challenges. One of those challenges is the issue we are debating today. How do we balance the rights of those who wish to receive a denominational education with the rights of those employed within the schools system? The role of the churches in the provision of education in Ireland is well known and has been a part of the formal system of education since its inception.

With the establishment of the primary school system in 1831, schools were recognised by the State, largely under the patronage of the different Christian religious denominations. Even now 96% of education provision at primary school level is delivered in a Christian denominational setting. There have, however, been increasing demands to make available other forms in which education is provided. The recognition of gaelscoileanna and multidenominational schools demonstrate a commitment by the State to meet this demand by providing alternatives to what was the traditional approach.

When I published the report of the advisory group to the Forum on Patronage and Pluralism in the Primary Sector last month, I pointed to the need for the primary school system to adapt to the needs of a more diverse society. Despite the many societal changes I have talked about, many Irish parents continue to wish to have their children educated in an environment supported by a denominational religion, which is entirely their right. This is a valid exercise of parental choice and is one which is underpinned by our Constitution. The Supreme Court has ruled that the Constitution contemplates children receiving religious education in State schools to be in accordance with their parents' wishes. It also recognises that parents have a right to have religious education provided in schools that their children attend.

Given this backdrop, what is a school to do where a member of its staff overtly rejects the ethos it is mandated to uphold and deliver for its students? How is it to behave if it has a genuine belief that appointing a prospective employee could lead to the undermining of the characteristic spirit which is the hallmark of the school? These are legal questions which must be considered as part of this debate, and questions which must be aired in public. As against this, there are the rights of teachers and other school staff. Principles of equality before the law and the right to earn a livelihood are also enshrined in our Constitution. In a republic, we must acknowledge that all citizens are free and equal before the law, and those rights must be given recognition in all of the laws created by this State.

There is at least anecdotal evidence to suggest that many teachers who are gay, lesbian, bisexual or transgender experience feelings of isolation and disempowerment in their work. They feel constrained in what they can disclose about their personal lives to their colleagues fearing that this will affect their career or even their daily working experience in the school. They may also fear the prejudices of parents and students. In essence, it forces many into a denial of who they are. What a sentence for life. We cannot ignore the right to be treated with dignity and respect, and brushing this issue under the carpet and choosing to ignore it is simply no answer. If we are to become a genuinely pluralist, tolerant and open society, we need to meet these challenges realistically and honestly. I thank Senator Power again for giving us the opportunity to do so today.

I do not deny that there are significant legal issues underlying this issue, to which the Minister, Deputy Shatter has already referred. A number of constitutional rights - some of them competing - arise and need to be weighed up. This will take some time. There are also cultural issues which are informed by the law but sit separately to it. How are we to foster a fully inclusive society? For example, how do we reconcile a child's right to receive education in a denominational school with a teacher's right to live by their own set of values? It behoves us all to tackle these thorny issues. There are no easy answers to this dilemma, nor should there be. Reconciling the rights of people when they interact with each other is often complex and requires a high degree of creativity, foresight, wisdom and judgment. No one person or entity has a monopoly on these attributes and I very much look forward to these issues getting the time and attention they deserve by all those who are affected by this important issue.

Today is an important day in beginning to put an end to discrimination which has been enshrined in our laws. I look forward to continuing to work with the Seanad and with the Minister, Deputy Shatter, as well as all the parties in reaching a consensus on how this matter can be legislated for.

I believe that good and honest progress has been made in recent weeks through conversations between Members on all sides of this House. This is a model of how Oireachtas work can be done and in particular how the Seanad can work. In light of this recent work, I would like to echo the suggestion raised by the Minister, Deputy Shatter, that Senator Power would consider adjourning this debate this evening, allowing for a full consultative process before responding early in the new year for the reasons that the Minister, Deputy Shatter, has set out.