Mary Moran (Labour) | Oireachtas source

I also welcome the Minister of State to the House for the debate on this important Bill to amend section 37(1) of the Employment Equality Act which, when passed, will end finally the power of religious-run organisations or institutions to avoid employing or firing a person on the grounds of their sexuality or for being a single mother and will allow people to speak about their sexuality in the workplace. I also welcome to the Visitors Gallery members of the Gay and Lesbian Equality Network, GLEN, the Irish National Teachers Organisation, INTO, the Labour lesbian, gay, bisexual and transgender, LGBT, group and the Irish Congress of Trade Unions, ICTU.

Equality is a fundamental basic human right. Individuals in society have the right to seek gainful employment and to advance in that employment without being discriminated against because of personal characteristics unconnected with their work performance. The passing of this Bill will ensure that religious-run or controlled schools or hospitals no longer will be protected from discriminating against employees on the grounds of religious ethos because of their sexuality or because they may be single mothers. I am pleased this Bill fulfils Labour's commitment in government to introduce legislation that will ensure greater employment equality, particularly for people who are in the minority, and will ensure that employees are protected against discrimination at all times based on their sexuality.

Our society has witnessed many changes on all aspects of life in recent decades. Everyone will agree we have moved and advanced quite a lot in recent decades. Politically, economically, socially, educationally and culturally, our country today is much more diverse, open and questioning than it was even a generation ago and this diversity is essential to help foster our ideas and to gain new perspectives. While I am now showing my age, one of my earliest memories on entering the teaching profession was the case involving Eileen Flynn to which Senator Bacik has referred, that is, the young County Wexford teacher who was fired from her teaching position simply because she was a single mother. In 1985 or thereabouts, after the case was taken, I remember it still being a huge topic of debate in every school, staffroom and house in the country. I consider this to have been one of the lowest periods for religious-run schools. As was noted, Eileen Flynn was fired simply because she was deemed to have gone against the religious ethos of the schools. Eileen Flynn's case showed up the hypocrisy of many others in religious-run schools. At the time, I did not realise how extraordinarily brave this lady was for not being afraid to bring her case to the courts, because it would have been much more difficult 30 years ago, and I am only sorry that almost 30 years later, it still is a topic for debate in the Oireachtas. I would like to believe we have moved away in recent years from such closed thinking and that a teacher or medical professional's merit is and should be based on his or her performance in the job rather than on his or her sexuality or on what goes on in his or her private life.

The recently published action plan on bullying urges a crackdown to prevent and tackle homophobic and transphobic bullying in particular in schools. I warmly welcome the plan, which will encourage schools to face the problem of homophobic and transphobic bullying. While it is there to protect the pupil, one must also protect teachers or medical workers who are afraid to reveal their sexuality in case they get fired. It is no good to state simply that one does not know of anyone who has been fired for this reason but one must be able to state categorically it will not be possible for any person to lose their job because of his or her sexuality. As an educator, I make the point that children in schools can be particularly astute at spotting weaknesses in others, including and sometimes in particular, their teachers. A teacher who is gay or lesbian and who does not feel protected within his or her job can often show his or her susceptibility within the classroom. This can be acted on easily and such teachers - or medical professionals in the case of hospitals - can become the target of indirect or sometimes even direct bullying. This leaves them in a position in which they could be afraid to report it to the school authorities, fearing it could affect their position within the school. This can leave them feeling isolated and withdrawn and can affect their daily working lives within the school. These of course are symptoms which can lead to further problems with mental health issues and, as anecdotal evidence suggests, could leave such people feeling suicidal because they believe they have nowhere to go. Teenagers who perhaps also are at a vulnerable age and who may have realised they themselves are gay or lesbian may perceive such a teacher to be a vulnerable person, which can in turn cause them to fear coming out and consequently, it becomes a vicious circle.

The Bill before Members is a response to the changes that are evolving continually in our society. Introducing legislation is one thing and I both welcome the all-party support that has been in evidence and commend Senator Power on the Bill she introduced to the House last year. However, when the Bill is passed, as I presume and hope, no time should be lost because 30 years has been long enough to wait for this and hopefully Members will witness its swift passage into law as soon as possible. I commend the Bill to the House.