Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

Amendment No. 9 is a difficult one. Elements of what it seeks to achieve are contained within the text on privacy which we discussed earlier. I signalled acceptance of the amendment from Senator Zappone which is in concert with the broad principle of what Senator Averil Power is also seeking to achieve. Other elements cross the line into territory where the Supreme Court is likely to decide that the text should be struck down. As such, we have to be very careful. No employee is free to act against the interests of or campaign against the values or ethos of the employer. That is a fact that goes beyond considerations of whether the employer is a religious institution. For example, civil servants above a certain grade are not free to participate in politics or campaign on issues of political controversy. A similar situation exists for An Garda Síochána. I would like to be able to give definite advice on where the boundary might lie in respect of a range of possible circumstances but it is not possible to do that. The right to privacy encompasses freedom of expression, assembly and association to an extent but not to the extent that the exercise of these freedoms includes campaigning against and, in particular, visibly campaigning against one's employer or the employer's values and beliefs. While I appreciate the motivation behind the amendment, I am, unfortunately, unable to accept it.