Clare Daly
Ceist:554. Deputy Clare Daly asked the Minister for Justice and Equality if she will repeal section 37.1 of the Equality Act 2004. [21713/15]
Amharc ar fhreagraTuesday, 9 June 2015
Ceisteanna (554)
Freagraí scríofa
The Employment Equality (Amendment) (No.2) Bill currently before the Seanad at Committee Stage proposes to amend, rather than repeal, section 37(1) of the Employment Equality Act 1998. I would draw the Deputy's attention to the Supreme Court judgment in the Article 26 referral of the Employment Equality Bill 1996, in which the court found that the provision - which later became section 37 of the Employment Equality Act 1998 - struck a reasonable balance between the competing constitutional rights involved here. Accordingly, it is essential that the reform of section 37 should strike an appropriate balance as between freedom of religion, which incorporates freedom of religious groups to establish their own institutions, including educational institutions, on the one hand and the right of individual as employees to be free from discrimination, on the other.
As I mentioned before, the Government supports the aims of this Private Members' Bill to strengthen the protection afforded to LGBTI persons and I will be bringing forward a number of amendments to improve the Bill when Committee Stage resumes in the Seanad. The details of these amendments will be published as soon as they have been drafted and approved by Government with a view to the Bill's early enactment.