Peadar Tóibín (Meath West, Sinn Fein)
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Question 415: To ask the Minister for Justice and Equality his views on the religious ethos exemptions set out in section 37.1 of the Employment Equality Act; and if he will make a statement on the matter. [7980/11]

Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply below to Parliamentary Question No. 431 of 3 May 2011. The position is unchanged since then.

Employment equality legislation aims to strike a necessary and appropriate balance between the right to the free profession and practice of religion, recognised by the Constitution and the principle of equality and has done so by providing a qualified exception, of limited scope, in Section 37(1) of the Employment Equality Act. Only where it is reasonable to do so and in order to maintain the religious ethos of a religious, educational or medical institution, may more favourable treatment be given under the law on the religion ground to employees or prospective employees. Similarly such institutions may take action, only where it is reasonable to do so, to prevent undermining of the institution's religious ethos by an employee or prospective employee. Application of this provision is, moreover, subject to review by a court or tribunal, such review being on an objective basis and having regard to the need to reconcile the various constitutional rights involved.

When speaking recently to the annual congress of the Teachers Union of Ireland my colleague the Minister for Education and Skills referred to the position of lesbian, gay, bisexual and transgender people in relation to the school system in particular. Officials from my Department and the Department of Education and Skills will work together to determine what actions might be appropriate to move this issue forward. Pending conclusion of these discussions and any discussions the Minister for Education and Skills may wish to have with the education partners, I cannot anticipate what action the Government might approve in this area or whether this will involve amending legislation or other, non-legislative initiatives.