Ivana Bacik (Independent) | Oireachtas source

That would be a good way of moving on and it would not be unduly rushed. There were critiques of aspects of the Bill despite the overall welcome, particularly from Senator Zappone. There is a constraint not only in domestic law but also under EU Framework Directive 78/2000. Article 4 of the directive places constraints on how we can move forward on this, particularly the reference to ensuring "national practice as existing as the date of adoption of the directive". However, we were perhaps over-cautious in the drafting of the Bill, particularly section 37(1), which refers to action taken to prevent undermining of the ethos. I am happy with the overall structure, as we have included all nine grounds, we have made the distinction for State funded institutions, which is fair and reasonable, and we have taken a balanced approach to the issue of favourable treatment on the grounds of religious ethos. However, in section 37(1)(b)(ii) it would be better to include a specific reference such that the action of the type referred to should not constitute discrimination on any of the other grounds. That might be a way of addressing the issues raised by Senator Zappone while staying within the terms of the directive and ensuring balance. I welcome a debate and the views of the Minister and the Attorney General on that.

The Bill can be improved, strengthened and made more robust. It is in keeping with the Labour Party's commitment in government to make progress on discrimination, particularly against LGBT people. The Minister for Education and Skills action plan on bullying was referred to by a number of Members. It is the first time the Department has funded a campaign to raise awareness of homophobic and transphobic bullying. The Minister for Social Protection is also working on the commitment in the programme for Government to legal recognition and extension of protection of transgender people, an issue raised by Senator Ó Clochartaigh and others. Next month, the Constitutional Convention, of which I am proud to be a member, will discuss the issue of marriage equality, which the Tánaiste has described as the civil rights issue of our generation. There are a number of other fronts, therefore, on which equality issues are being progressed.

This is an important part of that jigsaw. The Bill can be improved but it is key that it passes Second Stage to keep the momentum up and to ensure we can move forward swiftly to secure its passage. I again thank all those who contributed for their support. I also thank the following: the Minister for Education and Skills, whose support for the Bill has been immense; Neil Ward in his office, who input has been tremendous; the Deputies who worked with me on it, particularly Deputy Aodhán Ó Ríordáin who was present for most of the debate; and the Labour Party group who introduced the Bill in the House.

I finally thank those in the Visitors Gallery who stayed for the debate. It is important for us that people follow our proceedings. I acknowledge many people are watching online but it is particularly important to have people in the Chamber who have worked for so long to improve the protection of equality, the position of those in the LGBT community and to conduct a campaign against discrimination generally. There has been a great deal of discussion, on the evening white smoke has risen, of religious dominance, particularly in our school system and generally in the history of the State in the provision of social services. The legislation is one small way in which to tackle this undue dominance and to ensure better protection for the rights of individuals as opposed to religious institutions. For too long, the rights of these institutions have prevailed to the terrible detriment of many individuals, particularly women and children, over many generations in this country. It is time we tackled that and the Bill will tackle the issue in a small way. I welcome the fact it has cross party support and that it will move forward as a Government Bill without delay. We will continue to press the Government on both sides of the House to ensure it becomes law quickly.