Seanad debates

Thursday, 2 July 2015

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

 

10:30 am

Photo of David NorrisDavid Norris (Independent) | Oireachtas source

I am concerned about the term "spouse." I favour the term and prefer it to using the phrase of husband and wife in a same-sex relationship.

The amendment is about marriage. It is very much in line with the thinking of the Irish people, as expressed in the marriage equality referendum and, therefore, it is appropriate that the amendment be put forward. It would be extraordinary, in these circumstances, that anybody would be discriminated against simply for getting married. I wish to quote the American gentleman who took a case to the Supreme Court. He made an interesting point that had not struck me at all. He said that after this decision we are talking about marriage. He claimed we would not be talking about gay marriage but talking about marriage full stop and I think that is the situation here in this country.

There is the question of attending pride marches or whatever. This may seem a bit remote but 20 or 30 years ago there was a case in Scotland which I have instanced on the record of the House before. A man was employed as a gardener at a school in Scotland but he was fired for attending a political demonstration on gay rights. He took an action against the school's board but the court upheld the board's right to dismiss him simply for attending a march. That shows there is case precedent within these islands for this kind of thing.I completely agree that it seems to be very reasonable that actions should not be permitted to an institution which would be illegal if carried out by the State. This operates a kind of equality of treatment for people which is perfectly reasonable. I support these amendments although I do understand the Minister of State's position that all this should be suspended in anticipation of the amendments on Report Stage. There is probably some very rational explanation as to why these amendments have not been tabled by the Government on Committee Stage rather than on Report Stage. Perhaps that was explained by the Minister of State before I came into the House, so he need not explain it again if he has already done so, because I will read the record.

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