Irish Examiner

Thursday 8 May 2008

Religious bodies win right to hire based on ethos

Schools and hospitals owned by religious bodies can fire or refuse to hire people if they believe they do not coincide with their ethos, the European Commission has confirmed.

Under Irish legislation, religious bodies of any creed can discriminate against employees on the basis of their religion or behaviour.

The teachers’ unions and the Irish Congress of Trade Unions (ICTU) have long objected to this and have demanded the Government drop it from legislation, saying religious bodies are well protected.

Unions had hoped that the commission warning in January that it was not compatible with EU anti-discrimination legislation would lead to a change in the law.

But the commission has dropped its objection saying it was satisfied with government assurances that the grounds were not too broad.

The Irish National Teachers’ Organisation said it was surprised at the commission’s decision, as many of their members felt threatened by the law, including separated, gay and lesbian teachers, who fear they risk being sacked.

John Carr, general secretary of the INTO, said some 95% of all primary schools in the state could use this provision in the act since religious bodies own them.

ICTU equality officer David Joyce said they were very disappointed. They would continue to try to change the legislation, “but the commission backing down does not help”, he said.

Mr Joyce wondered if it had anything to do with the Lisbon Treaty referendum following the Commission President José Manuel Barroso’s indication during his Dublin visit that the threatened action would be dropped.

The commission accepted that it could be necessary to insist that a teacher or hospital professional should not undermine the religious ethos of the school or hospital or other institution employing them.

However neither the commission nor the Government have defined what “ethos” means legally or what amounts to “undermining”.

The commission has yet to decide whether Ireland’s discrimination/ employment legislation is in line with what they agreed to implement at EU level on a number of areas.