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Employment Rights Issues

Dáil Éireann Debate, Tuesday - 12 November 2013

Tuesday, 12 November 2013

Questions (295)

Brendan Griffin

Question:

295. Deputy Brendan Griffin asked the Minister for Justice and Equality his views on a matter (details supplied) regarding section 37 of the Employment Equality Acts 1998 to 2011; and if he will make a statement on the matter. [47873/13]

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Written answers

As the Deputy will be aware, this issue has been extensively discussed in the Seanad in the context of two Private Members Bills. I consider that the operation of section 37 needs to be reviewed to ensure that it in practice operates to ensure a more appropriate balance between freedom of religion, the rights of individuals and the obligations of the state to vindicate those rights in the case of publicly-funded educational and medical services. As indicated in the Government's contributions to the most recent of these Bills the Employment Equality Amendment (No. 2) Bill 2013 - published by Senator Bacik and others - the Government accepts in principle that amendment to the existing framework is needed. The Government is also committed to taking forward that Bill, subject to any amendments that may be required, taking account of the outcome of a public consultation process which it felt was desirable in advance and legal issues arising.

As I announced on the occasion of their appointment on the 16th April 2013, I have asked the members designate of the Irish Human Rights and Equality Commission to examine, as a priority, the potential impact of section 37 of the Employment Equality Acts on lesbian, gay, bisexual and transgender persons, to undertake an extensive consultative process and formal assessment of the options for its amendment and to let me have their recommendations.

I understand that Commission is acting on this request and is carrying out a public consultation on this issue. Submissions can be made directly to them by any interested party, including individual persons who have a view on the issue. I also understand that the deadline for submissions has been extended to 13 November 2013. I look forward to receiving a report from the Commission with its recommendations in due course.

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