§ Lord Lairdasked Her Majesty's Government:
Why they pressed for the exemptions in Article 15(2) of Council Directive 2000/78/EC; what representations they received on this matter from the Equality Commission of Northern Ireland; and whether they propose to continue to rely on this provision in respect of teachers and equality legislation. [HL3318]
§ Baroness Amos:The Fair Employment and Treatment (Northern Ireland) Order 1998 (FETO) prohibits discrimination on the grounds of religious belief or political opinion. Fair employment legislation in Northern Ireland, since its inception in 1976, has not applied to the employment of teachers in schools. This was in recognition of the denominationally based nature of education in Northern Ireland and took account of the views of the Churches that children should be educated in a school which paid full regard to the child's religion and the attitude of parents that 82WA their children should be educated in an environment which had full regard for the religion of the family.
The proposed EC Directive 2000/78/EC would have meant that the exemption in FETO would have had to be removed without having regard to the issues and sensitivities of the local community in relation to the education of their children and the complexion of their schools.
The exemption in FETO for the employment of teachers was much wider than that permitted under the religion or belief aspects of the directive but following negotiations with the European Commission special provision was made for Northern Ireland in relation to teachers. The directive provides that the exemption should relate only to the recruitment of teachers, rather than their terms of employment.
The Fair Employment and Treatment Order (Amendment) Regulations (Northern Ireland) 2003, which came into operation on 10 December 2003, removed the blanket exemption for the employment of schoolteachers and restricted the exemption to the recruitment of teachers in schools.
The Equality Commission for Northern Ireland in response to the OFMDFM consultation on Implementing EU Equality Obligations in Northern Irelandin April 2003 noted the draft regulations to amend FETO. The commission also stated it was of the view that the teachers' exemption should be removed in its entirety.
Under Article 71(2) of FETO the commission is required to keep under review the exemption in relation to employment as a teacher in a school. In discharging this duty the commission is permitted under Article 71(3) of FETO to conduct investigations. Such an investigation was launched in October 2003 and it is anticipated that an investigation report will be published in the autumn 2004
Whether or not there should continue to be an exemption in relation to the recruitment of teachers is a matter which will be considered in the context of the single equality Bill, taking into account advice from the Equality Commission and other interested parties.
§ Lord Lairdasked Her Majesty's Government:
When the Equality Commission and its predecessor bodies since 1973 discharged the statutory duty of keeping under review the exclusion of teachers from equality protection in Northern Ireland; what consultations the commission has undertaken on this matter; and what reports have been published. [HL3305]
§ Baroness Amos:The chief executive of the Equality Commission for Northern Ireland has been asked to write to the noble Lord. A copy of the letter will be placed in the Library.