Fair employment:The pressures which resulted in the British government's decision to exempt teaching posts in schools from the terms of the ground-breaking Fair Employment Act of 1976 is disclosed for the first time in confidential files released this week in Belfast.
During the period 1974-1976, Stormont direct rule ministers were involved in consultations with the churches and trade unions on the scope of the proposed Fair Employment Act, designed to make religious discrimination unlawful in both the public and private sectors of employment in Northern Ireland.
When the legislation was being drafted in 1974, it was suggested to secretary of state Merlyn Rees that it would be appropriate to amend the scheme to take account of the "special difficulties" which existed in the local education system. Under the bill, a new Fair Employment Agency would be established with wide powers to undertake investigations, enforce remedies through the courts and introduce affirmative action programmes.
The prospect of the bill drew a positive response from the head of the Catholic Church in Ireland, Cardinal William Conway.
Writing to the minister of state in the Labour government, Stan Orme, on June 24th, 1975, the cardinal welcomed the bill, adding: "I feel if it is resolutely implemented it could make a contribution to the elimination of this deep-seated sickness in this community which, I am convinced, is one of the root causes of the trouble."
He warned that efforts to weaken the bill in parliament should be "resisted". However, the cardinal repeated his view, expressed two years earlier, that "teaching appointments should be exempt" from the legislation. Any other course, he warned, would have "a negative effect on community harmony".
The cardinal's letter set alarm bells ringing at Stormont, leading the minister to reassure him that teachers would be excluded from the Act.
In a memo prepared for the minister in 1976, the bedrock of the difficulty was outlined: "The problem arises from the dual structure of the education system in Northern Ireland [ at secondary level], consisting of 'voluntary' and 'controlled' schools. Almost all voluntary schools are controlled by the Roman Catholic Church.
"The pupils and staff are nearly all Roman Catholics. State schools are controlled by the area and library boards. Their pupils and teachers are predominantly Protestant."
The staff in these schools were appointed by boards, appointed in turn by school management committees, half of whose numbers consisted of nominees of the Protestant churches - as the "transferors" of former church schools in the 1920s.
The memo went on: "Cardinal Conway . . . whilst warmly welcoming the bill, argued that it ought not to apply to teaching appointments in voluntary schools. He emphasised the importance of preserving the religious ethos of Roman Catholics schools."
The Presbyterian Church also sought exemption for all teaching posts. "It put forward the view that, otherwise, the Bill would lead to inequality of opportunity for Protestant teachers."
On January 12th, 1976, Stormont officials met a deputation from the Protestant churches. Canon Elliott (Church of Ireland) argued strongly for the exemption of all schools from the scope of the Act.
"It was recognised by everyone at the meeting that 'there was no ideal solution to the problem'."