Jim Walsh (Fianna Fail)

I followed the debate with interest. Most, although not all, of the contributors made accurate points and the Minister made a subtle distinction between behaviour orientation and other constitutional matters. I debated this issue with Senator Power late one night and I have do difficulty with the Bill, with the exception of the provisions in section 2 on positive discrimination.

The Bill deals with the categories of single mothers, separated and divorced people and gay people. I assume every Senator knows somebody working in a Catholic school who fits into one or other of these categories. I certainly know of people from these categories who are working in and accepted by that structure. I fully concur with Senator Power that gay people should not be in fear because of their sexual orientation. Everything we do should ensure that does not happen. The majority of speakers acknowledged that teachers should respect the ethos of the religious institutions in which they work, particularly given the role of such schools in the formation of the next generation. I know school principals who fall into the aforementioned categories but they do not broadcast their orientation or marital status. We should not produce legislation that would create a conflict in that regard.

There is a move towards secularisation, some of which is to be welcomed, but it tends to overrun religious beliefs and sometimes conscience is set aside. We had this argument in the context of the Civil Registration (Amendment) Bill but, unfortunately, that argument was not accepted.

Several speakers referred to the Eileen Flynn case. I assume that most Senators are familiar with that story through the media, which did not factually represent the circumstances of the case. I knew Eileen Flynn well. She was a good teacher and a lovely person. Unfortunately she has died. It was not the nuns who insisted on her being dismissed; it was the parents. I do not want to discuss the circumstances of the case because she is not around to defend herself. However, there are times when a person's lifestyle and behaviour is fundamental to his or her job, whether as teacher, garda or politician. Gardaí have been suspended for hitting people while playing hurling because such behaviour is regarded as incompatible with their professional responsibilities. Similarly, teachers are role models for their pupils. It is essential, therefore, that the legislation finely balances these distinctions.