President refers equality Bill to Council of State

THE President, Mrs Robinson, has called a meeting of the Council of State next Tuesday to seek its advice on whether the Employment Equality Bill should be referred to the Supreme Court to test its constitutionality.

The Bill, which is designed to counter discrimination in employment, was recently passed by the Oireachtas amid considerable controversy about its provision relating to religious run schools. Last month, in the Dail, the Minister for Equality and Law Reform, Mr Taylor, amended the Bill to permit protection of the religious ethos" of institutions.

Under the amendment, religious, educational and medical institutions established with the object of providing services "in an environment which promotes certain religious values" will be permitted to give favourable treatment to employees on religious grounds. This treatment must be necessary "to maintain the religious ethos of the institution".

Mr Taylor said at the time that the amendment had been drafted after widespread consultations and attempted to strike a balance on the rights of religious denominations.

In the event of a promotion in a school, for instance, it would be necessary to show that an appointment of a candidate of a particular persuasion was necessary to maintain the school's religious ethos.

In January, Catholic bishops and educational leaders had warned that if the exemption of religious run schools from the legislation was changed, the future of Catholic education could be jeopardised.

The Bill was strongly criticised by teacher groups, particularly the INTO, whose general secretary, Senator Joe O'Toole, last night welcomed the President's decision.

"Teachers all over Ireland will be reassured. In my view, this piece of legislation could create difficulties for many decent and hard working teachers. It has failed to strike the right balance between protecting the religious ethos of schools and protecting the constitutional rights and personal liberty of teachers.

He added that he had warned Mr Taylor that it was unconstitutional during more than a dozen meetings to discuss the Bill. Mr Taylor declined to comment last night.

The Irish Council for Civil Liberties has also strongly criticised the Bill. Following its passage through the Dail, the council's cochairman, Mr Michael Farrell, said that the sections of the Bill gave "enormous leeway" to religious authorities to enforce their views.