Irish legislative developments

Labour members publish Bill aimed at removing discrimination against teachers in Ireland.

On 7 March, the Employment Equality (Amendment) (No. 2) Bill 2013 was published by Labour TDs John Lyons, Ciara Conway, Dominic Hannigan, Aodháin Ó Riordáin, and Senator Ivana Bacik.

Under the current legislation, hospitals and schools which remain under religious patronage are exempted from the nine grounds of discrimination where the institution fires or refuses to hire someone in order to uphold its religious ethos.   The Bill seeks to amend Section 37.1 of the Employment Equality Act so that staff in educational or medical institutions cannot be discriminated against on grounds of sexual orientation or gender, as well as on the other seven grounds under Equality Legislation.

The section has been held for many years by unions as an obstacle to gay teachers being open about their sexual orientation.

The Bill will be introduced in the Seanad this day, 13 March 2013, by the Labour group of Senators under Private Members’ Business.

Senator Bacik, who will propose the Bill in the Seanad said: “'I am delighted that at last we will see legislation that will effectively address the legacy of the Eileen Flynn case, and that will end the continuance of the legislative provision that enables discrimination against and even dismissal of teachers or health workers who are seen in some way as undermining the religious ethos of their institutions. I look forward to the acceptance of this Bill by Seanad Éireann next week.”

In May 2012, Fianna Fáil Senator Averil Power, published a Bill to change Section 37 of the Employment Equality Act but it was rejected by Minister Alan Shatter on grounds that a consultation was needed on the constitutional issues, with arguments that personal rights had to be balanced with the rights of religious groups to uphold their ethos.  Commenting on the latest Bill, she said the proposal does not go far enough stating it may still allow teachers to be discriminated against solely on their sexual orientation.  "Instead of banning discrimination, it includes a specific clause under which employers may claim that taking action against a gay employee is justified by a legitimate aim” said Ms Power.

Click here to read the Bill 

Click here to read a statement from Senator Ivana Bacik and here to read a statement from Averil Power.

Click here to read an article from the Irish Examiner and here to read a RTE News article. 

Click here to read a press release from the Irish Council for Civil Liberties on the Bill.

Autism Bill passes first stage in Dáil Eireann

In other news, on 8 March, a Private Members Bill brought by Labour TD Michael McCarthy requiring the Government to publish a National Autism Strategy passed its first stage in the Dáil with all party support. The Autism Bill will now go to committee stage for further discussion

The Bill provides for measures including data collection to record the incidence of autism, an awareness campaign as well as an assessment of facilities for people with autism. The Bill requires cooperation from various departments, including education, social protection and health and jobs. 

England and Northern Ireland both have Autism Acts in place, while Scotland and Wales have implemented strategies on the issue.

Click here to read the Bill 

Click here to read a statement from Labour TD Michael McCarthy 

Click here to read a Journal.ie article and here to read an Irish times article.

Criminal Justice (Spent Convictions) Bill 2012 discussed at the second stage in the Dáil

On 6 March, the Criminal Justice (Spent Convictions) Bill 2012 was discussed at the second stage of debate in Dáil Éireann. The Bill seeks to make easier the rehabilitation process for offenders, who often experience considerable difficulty when trying to gain employment after punishment has been served. If the Bill is passed, certain convictions can be disregarded from a person’s record after a specified period of time.

Click here to read an IPRT press release 

Click here to read the presentation of Bill to Dáil Éireann by Minister of State Lucinda Creighton TD  (7th March 2013) 

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