David Norris (Independent) | Oireachtas source

I support this amendment strongly. It seems to be very judiciously worded and covers all the possibilities. It is very reasonable and moderate in manner. I commend Senator Zappone for tabling it. It hits exactly the medium targets. I opposed the exemptions for the Catholic Church when they were first introduced in this legislation. However, the Minister at the time, Mervyn Taylor, a very decent man, said it was impossible to do any more in the political climate of the time. He may very well have been right about that. However, on a matter of principle, I felt the exemptions were wrong.

Although nobody, as far as I know, has so far been dismissed from a post on grounds of conflict with the ethos and so forth, there is a very real fear about it, particularly among teachers. I hear this expressed constantly when I meet teachers at their annual conferences and so on - namely, that there is a very real and tangible fear that inhibits and undermines them in their teaching practice.

It seems to me this amendment is carefully worded. It confines it to what is reasonably necessary to prevent an employee from undermining the religious ethos of the institution. Nobody could disagree with that. It also uses the phrase, “by reason of the nature of the employment concerned or the context in which it is carried out.” Again, there are specific tasks such as teaching religion. I do not think it is appropriate to have an atheist teaching religion. Children pick up immediately on what a teacher feels. In such a case, they will know instinctively that this person does not believe a word of what they are saying. I am not saying atheists should not be employed as teachers; I am saying it is not appropriate to have them teaching religion, for example.

The amendment contains the phrase, “the action taken is objectively justified by a legitimate aim and the means of achieving the aim are appropriate and necessary.” In addition, it would be good if the term “proportionate sanction” was introduced.

I welcome the fact that the Government is moving towards whittling down these amendments, which is significant. I look forward to the day when they are gone altogether or we have something very close to Senator Zappone's amendment.