Seanad debates

Thursday, 9 July 2015

Employment Equality (Amendment) (No. 2) Bill 2013: Report and Final Stages

 

10:30 am

Photo of Averil PowerAveril Power (Independent) | Oireachtas source

I welcome the fact that the Minister is accepting amendment No. 5 which is largely in the spirit of where I was coming from on amendment No. 10 in respect of privacy. However, I am still a little concerned in respect of freedom of expression and what the Minister of State has said about conduct outside the workplace that might be contrary to an employer's ethos. Does that cover someone attending a pride parade or who was openly pictured at the march for marriage prior to the referendum or who canvassed for marriage equality with the Yes Equality campaign? Clearly, it was campaigning on an issue that was against the public teaching of some of our religious bodies, including the Catholic Church. The Minister of State seems to be saying we do not know or are not sure. That is the reason there is still some anxiety among teachers about whether the legislation is going far enough. I welcome the inclusion of the amendment on privacy but I ask the Minister of State to clarify if that expressly includes the issue of marriage and wearing a wedding ring into the school. Privacy outside the workplace is another issue but does it cover somebody publicly speaking about their marriage in a school context and publicly wearing symbols of same-sex marriage in a school when that is against the teaching of the church running the institution? The Minister of State might say that, implicitly, he believes it is, but others would argue that it is not. That is why I was seeking to make those protections explicit. There is a particular argument for doing that in light of the fact that marriage equality is a constitutional right or will be when the vexatious litigation before the courts is concluded. It will be a constitutional right on a par with the constitutional right of freedom of religion. For that reason, it should enjoy a special status and we should be able to give people clarity that no act related to getting married could leave a person in a difficult position with his or her employer. Does the Minister of State believe somebody being open about his or her marriage to a same-sex partner in a school or who attends a pride parade is covered by the legislation?

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