Averil Power (Independent) | Oireachtas source

The point of the legislation is that when teachers go in on a Monday morning and have the normal banter about how their weekend was, what they did, who they were with, lesbian and gay teachers feel they cannot answer those questions because they cannot be honest about who they are. They feel, when talking about their partners, they have to use non-gendered pronouns, for example a female does not say “she”. A woman might have to put up with intolerable situations such as a well-meaning colleague trying to set them up with their son, a physical education teacher or the guy across the street because she has not been free to say she is a lesbian. We are trying to deal with it. People do not want their private lives to be a matter of formal discussion, debate or instruction in the school. They just want to be free to be themselves in the same way as everybody else.

I accept what Senator Bacik is saying in that the mere act of being married can no longer provide justification for discrimination. I accept it is one of the listed grounds. My concern is about the conduct test. The Bill provides that discrimination can be exercised on grounds of religion if the employee's conduct is such that it challenges or undermines the institution. The Irish National Teachers Organisation LGBT group has raised with me the need for clarity. Wearing a ring, speaking about it freely and having a conversation is conduct. Honestly answering a question from a child about why one is wearing a ring and one's partner or spouse is conduct. Whether it is conduct justifying discrimination is the question they are asking. If the Minister of State tells me his legal advice is that it is not, it would provide me with reassurance. My concern in bringing forward the amendment and my advice from Dr. Fergus Ryan, who drafted it for me, is that it would be preferable to make it explicit and that, particularly if the Minister believes the issue is already implicit in the legislation, there is no reason not to make it explicit. Could the Minister of State please give me a reason not to make it explicit and very clear? I do not believe conduct related to conversations about marriage is explicitly provided for, although it is implicitly provided for. I would be more reassured if we were clearer on it.