Averil Power (Independent) | Oireachtas source

Amendment No. 2 to amendment No. 13 is mine and amendment No. 6 to amendment No. 13 is Senator Zappone’s and they deal with the same issue.

Amendment No. 2 states that in addition to referring to the institution’s ethos we would also insert a new sub-section:

(c) the relevant position of employment primarily involves the propagation of religion, such that the religion or belief of the employee or prospective employee is integral to that position.”.

This is trying to move on from distinguishing between bodies on the basis of how they are funded and instead on the basis of the role an individual is asked to play within the organisation. I accept that there are some roles for which it is fair that an institution insist that somebody share its belief. The situations in which that is allowed should be restricted to roles that involve propagating religion, for example, preaching or faith formation, and hiring or promoting a minister, priest, rabbi or imam. In that case it would be ridiculous not to do so but that is not the case when hiring a gardener, an accountant, a nurse or a care assistant in a nursing home. There is no justification to discriminate against somebody in those roles. The Government text does refer to a genuine occupational requirement and inserts a test for an employer to show that religion is a genuine occupational requirement.However, there is a need for greater clarity in the legislation as to what exactly that means. Personally, I do not think that to teach a particular religion a person should have to be of that particular faith. To accept this proposition is to accept that a person cannot get a job as a primary school teacher in this country unless he or she is Catholic because more than 90% of our schools are of Catholic ethos. This means such a person would be restricted to teaching in the small number of Educate Together or other schools that are not of Catholic ethos.