Seanad debates

Wednesday, 16 April 2014

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

 

1:45 pm

Photo of Kathleen LynchKathleen Lynch (Cork North Central, Labour) | Oireachtas source

Because the Irish Human Rights and Equality Commission designate is completely independent we cannot force it to publish the submissions, but we could make the request and see what comes of it. I am sure it will not have any great objection. It is important that we waited for the contribution of the commission designate because it has brought a new focus on where we need to be and the issues we must deal with also. However, it is simply an opinion; it is not the definitive legal position. Because of this we will now have to go to the Attorney General with a list of questions on the legislation arising from the contributions made and the opinion given. We cannot determine the length of time this will take. There are always issues that might arise that could take priority, but we will not allow the matter to rest. We will continue to apply pressure.

I am not certain when the Government amendments to the legislation will be ready. I would not like to mislead anybody by giving guarantees in that regard. It would be lovely if we could have them for the next school term, but I do not think that can be guaranteed by anyone because it will very much depend on the speed with which the Attorney General can make a response and what the Government’s position will be as soon as that is presented with the information. That is the normal and natural course of events.

I very much thank Senator Ivana Bacik and everyone who has made a contribution to this legislation which is hugely important. It is about a significant cohort of Irish citizens who find themselves in a position where they cannot fully be themselves and where they cannot fully express their own identify within their work environment. It is important we ensure people, both male and female, feel protected. As elected representatives of whatever nature – Independents or party members – in both we Houses are very privileged. That is why the protection we have for what we say is called “privilege”. We should recognise what it means. It means that we must be careful about how we speak about those who do not have that privilege or protection.

I am very conscious of Eileen Flynn and the circumstances in which she found herself, but it is not just that, she has a family who are still living normal lives, as we all do, of which we must be very cognisant. We must be very conscious not to make the type of innuendo that is unexplained and could be made about any one of us – God knows, it probably has been done – but not in an arena such as this. We must be conscious of the privilege we have. I wish people the very best in the future. Those who suffered in the past are probably more delicate than the rest of us and we need to be careful. People should be reminded continuously of the privileged position they hold.

I thank Members for their co-operation. The suggestion made of a cross-party group to discuss the legislation is very important. It is a very good one. When the Government comes back with its amendments, having gone through the process, I hope we can have a civilised discussion, as has been the case to date.

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