Mattie McGrath (Tipperary South, Independent)
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26. To ask the Minister for Justice and Equality if she will provide assurances that section 37(1) of the Employment Equality Acts 1998-2011 which allows denominational schools to protect their religious or ethical ethos will not be rescinded or abolished; and if she will make a statement on the matter. [35385/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Section 37 (1) of the Employment Equality Act 1998 provides for circumstances where a religious, educational or medical institution which is under the direction or control of a body established for religious purposes or whose objectives include the provision of services in an environment which promotes certain religious values shall not be taken to discriminate against a person if more favourable treatment on the religion ground is given to an employee where it is reasonable to do so in order to maintain the religious ethos of the institution or where the institution takes action which is reasonably necessary to prevent an employee from undermining the religious ethos of the institution. The Government is committed to amending this provision in order to ensure that its operation leads to a fair and reasonable balance as between the rights of freedom or religion or association, on the one hand, and the right of persons in employment or prospective employees to be free from discrimination and to privacy in their personal lives, on the other.The State has a particular responsibility, while also protecting freedom of religion, to ensure that public servants who deliver services funded by the taxpayer are not discriminated against on grounds of sexual orientation or family status.

The Employment Equality (Amendment) (No.2) Bill currently before the Seanad at Committee Stage proposes to amend, rather than repeal, section 37 (1). As announced previously, the Government accepts the principle of this Private Member's Bill and I will be tabling a number of amendments to improve the Bill in due course when Committee stage resumes in the Seanad. The precise detail of these amendments will be announced as soon as they have been drafted and approved by Government.