COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 10, 2014

MOTION NO. 1

MOTION: Councillor F. Warfield

Mayor's Business

That South Dublin County Council supports the right of every LGBT person to live their lives openly and without fear. However, this basic human right is denied to many LGBT Teachers and other employees of institutions that claim a religious ethos, through the continued existence of Section 37.1 of the Employment Equality Act 1998 which provides a broad opt-out from equality legislation for such institutions.

We join with the LGBT community, the trade union movement and many others in calling for an end to this state sanctioned discrimination which creates an unacceptable 'chill factor' for Teachers in particular who happen to be LGBT.

We note that government have committed to amending Section 37.1 and we call for legislation as a matter of urgency, and certainly before next Spring's marriage equality referendum, so that no LGBT person has to choose between their job on the one hand and making a public life long commitment to their loved one on the other.

The right of employers to select candidates on the basis of a genuine occupational requirement is already enshrined in other provisions of the Employment Equality Act. Section 37.1 is both unnecessary and repugnant to the principles of equality and non-discrimination. It is also in conflict with EU framework directive law.

Government needs to act accordingly.

REPORT:

If the motion is passed the terms of the motion will be forwarded to Mr. Aodhán Ó Ríordáin TD, Minister of State at the Department of Justice and Equality and the Department of Arts, Heritage and the Gaeltacht with special responsibility for Equality, New Communities and Culture, and, when received, a copy of the reply will be circulated to the Members.