Atheist Ireland submission to Equality Authority on Employment Equality Act

Michael Nugent

Atheist Ireland has sent a submission to the Equality Authority, regarding a proposed amendment to Section 37 of the Employment Equality Act 1998-2011.

This is the Section that allows religious, educational or medical institutions to discriminate against employees or potential employees who do not share the religious values and ethos of the religion that runs the institution.

Section 37 (1) states:

37—(1) 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 for the purposes of this Part or Part II if—
(a) it gives more favourable treatment, on the religion ground, to an employee or a prospective employee over that person where it is reasonable to do so in order to maintain the religious ethos of the institution, or
(b) it takes action which is reasonably necessary to prevent an employee or a prospective employee from undermining the religious ethos of the institution.

This is the introduction to the submission:

1.1 Atheist Ireland is an Irish advocacy group. We promote atheism and reason over superstition and supernaturalism, and we promote an ethical, secular society where the State does not support or finance or give special treatment to any religion. You can read details of our policies on our website at http://atheist.ie.

1.2 Since being formed in late 2008, we have campaigned against the Irish blasphemy law, campaigned for a secular Irish Constitution and a secular Irish education system, lobbied political parties and candidates on secular policies. We have made Submissions to the United Nations and the Council of Europe and raised in particular the discrimination suffered by teachers, secular parents and their children in the Irish Education system.

1.3 In 2012 Atheist Ireland, along with National Secular Society (UK), made a Submission to the European Commission in support of the claim of Directive infringement by Ireland of EU Framework Directive 20007/78/EC. The Submission was written by Dr. Ronan McCrea, Barrister at Law (Ireland)(N.P.), Barrister (England and Wales) (N.P.), Lecturer, Faculty of Laws, University College London. We will quote from this Document and also provide it as an appendix.

1.4 In a Republic, Section 37 grants religious bodies and a foreign state control over the employment choices of minorities and their private lives, and it also grants them control over the private lives of Catholics who as a matter of conscience choose not to follow all the teachings of a church that they belong to. Section 37 undermines pluralism in a democratic state and breaches the human rights of minorities and consequently it should be removed.

1.5 In the 2011 census, over 340,000 people did not identify with any religion. 269,811 people selected “No Religion” (an increase of 44.8% over 2006). Another 3,905 people selected “Other” and wrote in “Atheist” (a 320% increase), while 3,521 wrote “Agnostic” (a 132% increase). 72,914 people did not state their religion (a 4% increase). Also, significant numbers of Irish Catholics do not believe in key tenets of the church’s teaching, according to an Irish Times/Ipsos MRBI poll last year.

The full contents of the submission are

1. Introduction
2. Selective Nature of the Exemptions
3. Limited Opportunities for Employment Elsewhere
4. Conclusion
5. Appendix – Submission from Atheist Ireland and NSSUK to EC

You can read the full submission here.

expectationlost

update from labour http://www.aodhanoriordain.ie/2014/04/03/labours-equality-bill-moves-to-next-stage/ suddenly there's movement on private members bill again with shatter's support no less, why do i get the impression this will be half hearted attempt to fix this

expectationlost

ivana bacik herself calls this conservative http://www.kildarestreet.com/sendebates/?id=2013-03-13a.123

its said to restict discrimination in places that grant aid from public monies http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2013/2313/document1.htm

legal advice apparently preventing a more radical approach