Seanad debates

Wednesday, 13 March 2013

Employment Equality (Amendment) (No. 2) Bill 2013: Second Stage

 

1:35 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I am also very pleased to see the Minister of the State in the Chamber today and I hope that this is an indication that the passing of the Bill before us today will be speedily followed by its passage through the Dail and its passing into law.

The Bill introduced by Deputy O'Brien three weeks ago not only sets out to end the possibility of discrimination by amending Section 37 of the Employment Equality Act and it updates and extends the general definition of discrimination to include gender identity, as defined under the Yogyakarta principles that have been applied under international human rights law to address human rights abuses of people who are lesbian, gay, bisexual, or transgender, LGBT. In considering how best to amend the Employment Equality Act, the definition relating to LGBT contained in the Bill introduced by Sinn Féin should be given serious consideration. It is incumbent on the Government to address section 37, a clause that has reinforced fears of discrimination against LGBT workers in religious-run institutions, particularly those employed in schools and hospitals. Its retention on the Statute Book makes it even more difficult for employees to be open about their sexuality and this is reflected in research published jointly by the Equality Authority and the Equality Commission for Northern Ireland in 2007, which found the fear associated with section 37(1) has a significant negative impact on lesbian, gay and bisexual teachers.

The presence of this provision effectively forces teachers either to avoid seeking employment in given sectors or to take up employment in conditions where they are compelled to conceal their sexuality. Removing this provision will help to create a culture in schools in which homophobic bullying of teachers and students is no longer tolerated and if we are serious about combating homophobic bullying then we need address section 37 and ensure no loophole remains in existing legislation that will allow discrimination in any shape or form.

The legislation is important but the culture we have in this country that has brought about the need for this legislation must also be tackled. There was a demonstration today outside the gates of Leinster House by members of the Travelling community because of the sense of discrimination they feel. I commend those outside for the demonstration. We have also noted on a number of occasions the need for us as a Legislature to consider the possibility of equality-proofing legislation, and we should return to that issue. That would mean every piece of legislation coming through these Houses could be equality-proofed.

It is timely for us to have this debate as the white smoke has risen above the Sistine Chapel. As a practising Catholic, I hope the new Pope will bring forward a sense of more inclusiveness and openness in many areas of practice in the Catholic Church. Many Members of these Houses purport to speak on behalf of Catholics in Ireland but in many cases they speak on behalf of a minority of Catholics in Ireland who have a relatively fundamentalist approach. They do not speak on behalf of me as a Catholic, and I hope the new Pope will bring that sense of openness and inclusiveness not just for the LGBT community but for people whose marriage has broken down irreparably, lone parents, etc. That would be a much more Christian way of dealing with matters, and if Jesus Christ was walking the land today, it would be his approach rather than that put forward by some of the fundamentalist stances we hear in these Houses from time to time.

Ba mhaith liom comhghairdeachas a dhéanamh leis na Seanadóirí as ucht an mBille seo a thabhairt chun cinn. Tá sé iontach tábhachtach. Tá súil agam go dtógfar ar bord cuid des na smaointí a bhí luaite ag mo chomhghleacaí an Teachta Jonathan O'Brien agus ba mhaith liom tréaslú leis na heagraíochtaí atá anseo, go háirid ó thaobh an obair iontach atá siad ag déanamh ar feadh an ama ó thaobh na cúiseanna seo a thabhairt chun cinn. Ba mhaith liom ár dtacaíocht don mBille a léiriú.

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