Thomas Byrne (Fianna Fail)

I am tempted to give up when I hear the Constitution invoked on a Fianna Fáil Private Members' Bill. The Constitution has been invoked as a reason not to accept every Bill ever introduced in this House by Fianna Fáil. It is about time that stopped. This Bill has been drafted in light, in particular, of the reference to the Supreme Court and the Employment Equality Bill in Article 26 of the 1997 Irish reports, which refers to balance. That Article states: ".....it is constitutionally permissible to make distinctions or discrimination on grounds of religious profession, belief or status insofar, but only insofar, as this may be necessary to give life and reality to the guarantee of the free profession and practice of religion contained in the Constitution." It is not necessary to discrimination against homosexuals in order to guarantee the free profession and practice of religion as provided for in the Constitution. That is as clear as day.

Last summer, the Minister of State, Deputy Brian Hayes, while patting us on the head for having introduced a Private Members' Bill said the Government could not for constitutional reasons support it but would within a few weeks take action in respect of mortgages. However, nothing has happened. The Title of this Bill is: "Bill entitled an Act to amend the Employment Equality Acts, 1998 to 2011 and thereby extend the general protection against discrimination on the basis of sexual orientation, or civil status in, and in connection with, employment, vocational training and membership of certain bodies." If one supports the Bill, one votes "Yes". If against it, one votes "No". One does not pat people on the head, saying well done, nice Bill but we cannot support it.

The Minister, Deputy Quinn, made the ludicrous statement earlier that conversations in the Seanad is how things get changed. That is not true. It has not worked in this Seanad in respect of the many Private Members' Bills put forward by Fianna Fáil, all of which the Government supported but voted against in accordance with the instructions of party leaders. On the forthcoming referendum, Fianna Fáil was down in the opinion polls last week because of the comments of the Minister for Finance, Deputy Noonan, in regard to the famine. The Government needs to take Fianna Fáil more seriously if it wants to win the vote on the referendum. We are fully on board but our membership do not like us being continually patted on the head and told well done. If the Government supports this Bill it should vote for it. If not, it should vote against it.

I, and my party, wholeheartedly support this Bill because it is progressive and republican legislation. It is a Fianna Fáil Bill reflective of Fianna Fáil policy. In the 21st century, Ireland must stand firm in its opposition to discrimination of any type. It is unconscionable that a teacher, nurse or doctor could be fired, or not hired in the first place, because he or she is gay, lesbian, bisexual or transgender. The fact the various staff unions are heavily engaged in this issue shows how important it is to them. This Bill is a further step along the road to ensure all teachers and other professionals are treated equally and that their roles are based on capacity and not the perceived options of society of a person's private life.

President Lyndon Johnson, a one-time conservative who brought in some of the most far-reaching civil rights legislation, said in regard to the Voting Rights Act:

This time, on this issue, there must be no delay, or no hesitation, or no compromise with our purpose. We cannot, we must not, refuse to protect the right of every American to vote in every election.

Hubert Humphrey, in 1948 when there was a choice in his party as to whether to go with civil rights or the state's rights, said:

There are those who say to you - we are rushing this issue of civil rights. I say we are 172 years late.

That spirit and that urgency to protect civil rights contrasts with the Minister's contribution today. Because this is a Fianna Fáil Bill, he is talking about delay, procrastination and postponement. I commend my colleague, Senator Power, who is doing no more than her duty, as the main spokesperson on education in the Seanad for Ireland's main republican party, in putting forward what is republican legislation. If she calls a division, I urge Senators to support the legislation and not to vote "No". What message would a "No" vote send to gay, lesbian and bisexual people? It would send out the message that they are willing to sacrifice human rights for political expediency. That is a very sad message indeed.

I urge Senators to support this Bill. It may not go as far as Senator Zappone wants it to go but I do not want to go as far as that because I believe in the rights of religious organisations and religions to uphold their ethos in their institutions. However, it is not necessary to discriminate against gay people in order to uphold their ethos. Anyone who thinks it is should read the Roman Catholic catechism which talks in different terms than most people would presume about the Catholic Church in regard to gay people.

I support this Bill and urge the Government to stop patting us on the head, asking us to withdraw it and saying it might progress it next year. I have had enough of this. We hear this time and again in regard to Fianna Fáil Private Members' Bills. The Government should be serious. Senators should read the legislation and if they are for it, they should vote for it and if they are against, they should vote against it.