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Dublin: 11 °C Monday 20 May, 2013

Seanad to discuss equality for gay teachers and doctors

Fianna Fáil’s bill wants to change the current law which allows schools and hospitals to discriminate against gay staff members.

Averil Power
Averil Power
Image: Eamonn Farrell/Photocall Ireland

A BILL TO be tabled by Senator Averial Power today aims to stop discrimination against teachers and medical professionals on the basis of their sexual orientation.

If passed, the new legislation would make it illegal for schools and hospitals to discriminate against gay, lesbian and bisexual staff or potential hires.

Ahead of the Seanad session this afternoon, Power said that as the law currently stands, a school or hospital can claim that hiring a gay teacher, doctor or nurse would undermine its ethos.

Under Section 37 of the Employment Equality Act, institutions run by religious institutions or orders can bypass anti-discrimination measures “where it is reasonable to do so in order to maintain the religious ethos of the institution”.

With this Bill, Fianna Fáil hopes to “change this situation”. If enacted, staff members will still have to demonstrate respect for their employer’s ethos and not actively seek to undermine it. However, schools and hospitals will not be permitted to treat staff or potential staff differently simply because of their sexual orientation or marital/civil status.

The Bill also offers extra protections to teachers who are separated, divorced or unmarried with children.

Members of Fine Gael and Labour, including Education Minister Ruairi Quinn, have indicated their support for such legislation and Power is hopeful that her Bill will receive cross-party support later today.

“It is important that all parties cooperate to end this unjust discrimination as soon as possible,” she concluded.

Earlier this month, Quinn told the ASTI annual congress that he was determined to see new rules enacted, citing that a commitment had been made in the Programme for Government.

The Gay and Lesbian Equality Network, a variety of teachers’ unions in Ireland and Gay Doctors Ireland have all previously said that Section 37 of the Employment Equality Act has been a source of anxiety for people.

The debate is to begin at 4pm and can be watched live here.

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Comments (48 Comments)

  • Hi Sherbet,

    The current loophole in the legislation allows for institutions run by religious orders or groups to not hire people on the basis that they might adversely impact on their religious ethos.

    Therefore, the law really only applies to institutes such as schools and hospitals. All non-religious groups are bound by current anti-discrimination rules.

    Hope that helps
    Sinead

    Reply
  • The fact the issue has to be discussed shows how backward Ireland is.

    Fair play to FF for bringing this legislation forward, but the cynic in me wonders why they didn’t bother with pushing this through when they were in power for a decade.

    Reply
    • Ireland’s not backwards. We’re a couple of years behind parts of Europe, but vastly ahead of many other developed nations. The UK was – and still is – debating these issues to do with religion and homosexuality. I think Ireland is at the fire of gay legislation in relative terms – especially seeing we used to be run by the catholic church. Fair play to Averil.

      Reply
    • Come on Ruaidhrí – you have to resist the cynic within. FF actually has very strong record on equality issues.

      Reply
    • @Damien Kelly,

      I agree with you. We’re way ahead of some countries in getting this into legislation. Everyone must remember that if it wasn’t for people like Senator David Norris that fought (nearly 14 years) single handedly to overthrow the anti-homosexual law here in Ireland (1988) life would not be as pleasant as it is now for homosexuals. It’s great that Averil Power and others are now pushing harder. There are many people young and older that still find it hard to let their families know of their sexuality. Sadly many become so low and depressed that they decide to take their own lives. It’s wrong. The sooner it comes into law the better and I would hope businesses, schools work with people accept them for who they are and what they can offer that school and business.

      Reply
    • @ Damien Kelly: Couldn’t agree more with your comment. I’m sick of people (especially on this site) talking this country down so much. We are far better on many issues than other countries. Yes there are areas we can improve on, but in this particular area we are definitely going the right direction.

      Reply
  • Hi all,

    We deleted Brendan’s comment as it did not adhere to our comments policy. Apologies if it makes your contributions seem redundant.

    Thanks,
    Sinead

    Reply
  • Hope the government accepts this, or at least accepts the principles of it.

    Reply
    • It is sad that in 2012 we still have to debate these things, that a change in law is necessary to prevent discrimination against anyone. Section 37 is nothing but pure discrimination.A good teacher, Doctor or nurse should be the requirement, capable of doing their job well not whether or or not they are attracted to their own sex. Seriously do they picture scenes of lesbian teachers making out in the classroom or gay doctors swinging their stethoscopes and saying oh my Mr Daniels your tumour is coming along just lovely, fancy a night of debauchery before you die?Bet they do! Well done to Senator power for tabling this.

      Reply
  • I think most parents would be happier that their child be taught by a qualified teacher who happens to be gay or lesbian than by a small minded, homophobic bigot like yourself.

    Reply
  • Why would any parent need to be concerned about leaving their child with a gay teacher? In case they taught them Gay Maths or Gay Irish?

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  • Sweet mother of christ. The implication that gay people are child abusers is just disgusting. Your views are disgusting Brendan, go peddle them elsewhere.

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  • Surely you mean parents would be concerned if their child was left alone with a ephebophile or Pedophile? A homosexual would have no interest in their children. (I do like the idea that they would be teaching gay maths though! ;-))

    Reply
    • It’s way more fabulous than Straight Maths!

      Reply
    • Well this gay married couple in Amsterdam……. that abused 40 kids in a daycare centre… youngest 6 months. One worked there the other covered up?
      http://www.rnw.nl/english/article/massive-child-abuse-amsterdam-day-care-centres

      Reply
    • Redbird, that gay couple in Amsterdam were obviously monsters, but that doesn’t really have anything to do with the suitability of gay people to teach. If we were to list all of the straight couples who’ve been convicted of abuse we’d be here all day.

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    • @ Ed, when things like that happen it is horrible but it is not based on the sexuality of an individual. Fred West and his wife raped and murdered a dozen women,The moors murderers, abuse happens regardless of the sexuality of the perpetrator. Homosexuals are no more likely to abuse children than heterosexuals. So your example is just an example of horrific abuse which is just as likely to have been committed by a heterosexual couple. This case highlights a need for intensive child protection strategies against abusers, not trying to scapegoat a sexual orientation

      Reply
    • I hear a tall man was once convicted of a crime. And a short man. So I now only speak to people of average height. Though that changes depending on what country you’re in. So I always carry a tape measure with me.

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    • Ed Redbird, if you persist on postulating such ignorant and bigoted views, I could happily post here a list of articles regarding sexual abuse, where the perpetrator was a nice, dandy heterosexual, and insist that only straight individuals molest children.

      But I don’t speak Idiot so I won’t.

      Reply
  • what does that mean brendan? is it that you wouldn’t leave your child with a teacher knowing that he/she was gay? but you would leave your child with a teacher you know is not gay but yet you don’t know if they are a pedophile either. that’s plain ridicolous

    Reply
  • Hard to believe this conversation is going on in 2012…

    Reply
  • JayK 02/05/12 #

    Religion as the cause of bigotry in one article, child abuse in the next. It’d be funny if it weren’t so serious.

    Reply
  • LGBT Noise has criticised proposals on employment law which will be debated by the Seanad later today. A private member’s bill put forward by Fianna Fail Senator Averil Power seeks to protect employees from discrimination at the hands of religious institutions on the basis of their sexual orientation or civil status. Currently institutions with a religious ethos have an exemption from equality legislation under which they can legally discriminate against anyone who is said to undermine their ethos, this includes many schools and hospitals.

    Noise spokesperson, Max Krzyzanowski, said today, “We commend Senator Power’s concern to protect LGBT teachers, nurses, doctors, and social workers but this amendment to the legislation will not protect many LGBT people and others. Most particularly LGBT people with children and transgender people are still at risk of discrimination. Only deleting the section in question (S.37(1)b Employment Equality Acts) will protect employees fully. It is in the programme for government to address this issue and it needs to be done correctly in order to remove the fear and discrimination that LGBT employees experience. Such an exemption should not exist on our statute books in 2012″

    Reply
  • Still 100% ok to discriminate against an atheist thought…

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  • alan 02/05/12 #

    ff are in the position of having to find areas to intervene in where they can’t be accused of contributing to the problem in the first place. that explains this sudden interest in gay and lesbian rights

    if good comes of it fair enough. but there are people who have been pushing for this for a lot longer and with far more enthusiasm than ff. on this basis i would imagine that a. power is self interested first, party second, gay and lesbian rights third

    Reply
    • Sudden interest. If memory recalls it was FF governments that decriminalized homosexuality, expanded anti-discrimination laws in the past and introduced civil unions. In fact they possibly have the best gay rights record of any party in the state in government historically. Yes the party started out as yes men (and women) for the Catholic Church but the past two decades have seen FF become one of the most progressive parties in the state on this issue. Attack FF (legitimately) on economics issues all you want. However, the Republican ideals of equal rights and responsibilities for all citizens is something very close to the core if Fianna Fáil and the record speaks for itself. A more accepting population means the legislation can follow suit. Educating the wider population has bred acceptance and with that, equal rights. This process won’t be finished until gay marriage is a reality and adoption rights have been extended to all.

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    • Spot on Eoin. +1

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    • To be fair, the decriminalization of homosexuality in 1993 and the introduction of civil partnership were brought about because of the Labour and Green parties respectively. It was because of their presence in those two coalition governments that the reforms came about. Finna Fáil members, like Dermot Ahern in 1993, and Rónán Mullen and Fergal Quinn in 2009, have in the past been less-than-enthusiastic when it has come to equality reform.

      I’m delighted with Finna Fáil’s support for equal marriage and adoption rights at the recent Ard-Fheis, and that the party has facilitated very important reform, but the record historically speaking is a bit lack-lustre.

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    • Apologies, Sen. Mullen and Sen. Quinn were never FF senators, I was thinking of John Hanafin, Jim Walsh and Labhrás Ó Murchu, who resigned the party whip in protest against the Civil Partnership Bill.

      Reply
  • What’s there to discuss? Equality is equality

    Reply
  • Equality and fairness in this country ha ha your having a laugh

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  • Niall,i am agreeing with you,it should be changed. it’s not just teachers and doctors in this there is the secretary,, the caretaker the cleaners maintance, nurses, receptionist etc all whom are also employed by these insituations, so creating a bill just to include the teachers and doctors isn’t right.
    under the present legisation there to name a few , religion,race,creed,martial status,trade union member part of travelling community,sex, etc the loophole should be closed for all religions
    Having been to the EAT and it’s a horrid experience and people don’t automatically win, the process can rip through your very being and what wrong and right.

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  • can someone tell me why is this bill only including doctors and teachers? why does is it excluding all other careers/professions? does this muppet minster only think that doctors and teachers are gay? there has been discrimination in the catering industry for years and nothing done. The bill should include all.

    Reply
    • It’s because for all other professions it’s already illegal to discriminate. If you get discriminated against in the catering industry you should automatically win your case if they can prove you’ve been discriminated against. However employers with a “religious ethos” have a loophole whereby the law technically allows them to discriminate. No one’s saying only teachers and doctors are gay, they’re saying they’re among the only ones not protected by current equality legislation.

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    • no niall you dont automatic win your case hense why i said it, the law if there it should be ammended not another bill.

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    • Sherbert, the current legislation means that if you take your case to the Equality Authority and can prove you’ve been discriminated against, you win. For teachers and other employees of religious organisations they can turn around and say “yes we discriminated, but we’re allowed to under law”, it’s a weird situation. To be honest, I don’t understand why they don’t just amend the current legislation and remove Section 37 instead of enacting a whole new bill, but sure if it stops the ridiculous “legal discrimination” that’s what matters.

      Reply
  • i understand the loophole thanks Sinead but the law is there , and instead of another bill the law should be ammended as there has already been a bill. To think that other professions are not discriminating at present is been naive. To prove discrimination in any case is long and emotional process

    Reply
    • ”..but the law is there..”

      …Yes but the current law doesn’t protect teachers and doctors, hence the urgent need for this new bill.

      ‘To think that other professions are not discriminating at present in been naive”

      ..Nobody is contesting that. Discrimination exists everywhere. But all other employees have the Equality Act to safeguard their careers and protect their rights….except a doctor or a teacher because schools and hospitals might have a religious ethos and therefore could legally discriminate. Everyone knows that this won’t put an end to discrimination full stop – but it’s a wonderful stepping stone and will still protect dozens of people living in fear of being ‘outed’ in the workplace. It finally equalises their rights with everyone else’s if they are found out and fired.

      Reply
  • Difficult one……
    I think in a way an organisation or structure based on a certain set of #ethics or #ethos should be able to differentiate between candidates and expect a certain conduct.
    I mean a #christian school with a openly #gay teacher…..
    In reverse…. how does the teacher rhyme his life with the ethos of thst school…. Why if that is who you are would you choose to work gor an organisation with that ethos…. Its like a #vegetarian in a butchershop… or a greenpeace crusty at a furriers

    Reply
    • There are plenty of gay people who are religious, the same way plenty of Irish Catholics use contraception, have sex before marriage and get divorced. Should those people be prevented from working in schools too? Also, in Ireland teachers who aren’t religious (whether gay or not) don’t really have much choice where they look for jobs, 93% of our primary schools are Catholic.

      Reply
    • Aside from whether its right or not, I don’t understand why people would train for a occupation that they know they’ll be persecuted in?

      Reply
  • And no you keep your sexuality at home…it has no place in the classroom.

    BTW I would love to draw your attention to this article, not representative for the community but just as an eye opener.

    http://en.wikipedia.org/wiki/Amsterdam_sex_crimes_case

    Reply
    • An eye opener for what exactly? That sex crimes exist? That couples can engage in sex crimes? That homosexuals can engage in sex crimes? What exactly is your argument here??? Josef Fritzl, Ted Bundy, Ian Hindley, Larry Murphy..they’re all straight individuals AND sex offenders. Does that mean you are too Ed RedBird?

      P.s You can’t be fired for being a vegan in a butcher shop.

      Reply
    • Redbird, obviously you keep your sexuality out of the classroom, that’s a no-brainer. It’s the same for straight teachers – they don’t tell the children about their romantic lives because it would be inappropriate. However, when it comes to things outside the classroom – staff social nights, discussions among adult colleagues about relationships – a gay teacher shouldn’t have robe afraid that being honest about themselves to their colleagues could result in them getting fired.

      Reply
  • Sorry but I remain suspicious
    WHY would you want to work in an environment like that
    As a vegan you dont go looking for work in a butchershop do you.

    Is this a ploy to turn every negative outcome off an interview into a discrimination issue.
    Plenty of other schools where being homosexual is not an issue with Ethos

    Reply

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