Mervyn Storey (DUP)

1. asked the First Minister and deputy First Minister if the Equality Commission has made a recommendation to their Department to bring forward a legislative amendment to remove the teachers’ exemption from the fair employment and treatment legislation. (AQO 135/10)

Martin McGuinness (Sinn Féin)

The Equality Commission’s recommendation to narrow the scope of the teachers’ exception in the Fair Employment and Treatment Order 1998 is one of six recommendations for equality legislation reform that the commission made to the Department.

For Members’ benefit, I will briefly outline the scope of the other five recommendations. It should be noted that the commission’s recommendations are not ranked in any order of priority. First, age discrimination legislation should be extended to protect people from unjustified age discrimination outside the workplace. Secondly, race relations legislation should be amended to ensure that protection from discrimination on the grounds of colour and nationality is afforded the same level of protection as on other racial grounds. Thirdly, sex discrimination legislation should be amended to prohibit unlawful discrimination by public authorities when exercising their public functions. Fourthly, disability discrimination legislation should be amended to secure greater protection for disabled people. Fifthly and finally, the monitoring requirements under fair employment legislation should be extended to include the collection of information on nationality and ethnic origin.

I shall now return to the Equality Commission’s recommendation for the teachers’ exception in the Fair Employment and Treatment Order 1998. As Members may be aware, in effect, the exception allows schools to lawfully discriminate on grounds of religious belief in the appointment of teachers in schools. It also means that teachers’ employers are not required to monitor the religious composition of their employees or those who apply for such positions.

The Equality Commission recommends a two-stage approach to the removal of the teachers’ exception. First, it recommends that the exception is removed with respect to the recruitment of teachers in secondary-level schools. The second part of the commission’s recommendation is that early consideration be given to whether the exception should also be removed with respect to primary-level schools.

The teachers’ exception is a sensitive issue, and I wish to make it clear that no decision has been taken on the recommendation to remove it with respect to the recruitment of teachers in secondary-level schools. Indeed, any decision by a Minister to amend or completely remove that exception will require Executive approval, because the Minister of Education is responsible for teacher recruitment policy.

Mervyn Storey (DUP)

I am disappointed that the deputy First Minister, unlike his colleague the Minister of Education, cannot come to the House and tell Members about his commitment to equality. It seems that he is only committed to partial equality. Given the repeated claims about equality made by the deputy First Minister’s party, what assurances can he give Members that, if the education and skills authority (ESA) were to be established, Protestant teachers in Northern Ireland will be treated fairly and with equity and that the discrimination that already exists as a result of the exemption will be abolished once and for all?

Martin McGuinness (Sinn Féin)

As the Member will no doubt be aware, on 23 July, the junior Ministers met a delegation from the Equality Commission to discuss its proposals to reform equality legislation. The delegation included the Equality Commission’s chief commissioner, Bob Collins, and its chief executive, Evelyn Collins. I understand that that meeting was very positive. However, it was pointed out to the Equality Commission that we would need to carefully consider how its raft of proposals for legislative reform could be taken forward.

As I have said, the teachers’ exception is a sensitive issue. [Interruption.]

William Hay (Speaker)

Order.

Martin McGuinness (Sinn Féin)

Any proposal to amend or remove the exception will draw strong responses — both from those opposed to it and those who support it. In view of this, we must move cautiously on this matter. Members should note that the Department of Education will shortly commence a review of recruitment opportunities in the teaching sector. Officials will work closely with the relevant stakeholders, including the Equality Commission, and it would be prudent for us to await the outcome of that review before taking any decisions about the future of the teachers’ exception. Clearly, the Office of the First Minister and deputy First Minister (OFMDFM) and the Department of Education must liaise closely on this matter.

The Member should not be concerned about my commitment to equality, or that of my party. Our commitment is absolute, but some situations of a historical nature have to be dealt with. Many of them were in place prior to devolution and our taking office. It is now our responsibility to deal with them. I have outlined the methodology by which we will approach it and I hope that we can see it resolved.

Martin McGuinness (Sinn Féin)

We all know that the teachers’ exemption was allowed so that Catholic maintained schools could insist that any teachers whom they recruited held a certificate in religious education.

The vast majority of primary schools and some post-primary schools insist on a certificate in religious studies. The Department of Education’s proposed review of recruitment opportunities in the teaching sector will specifically consider issues in relation to the certificate. The review will seek to estimate the proportion of those vacancies for which a certificate in religious studies is likely to be an eligibility criterion. It will identify the routes by which teachers may obtain a certificate, either as part of initial teacher education or subsequently, and it will also seek to identify any barriers to obtaining a certificate that could give rise to inequality. That is a pointer in the direction of the contributions made by both Members who spoke in the last few minutes.

The new education and skills authority will be the single body responsible for employing teachers. However, responsibility for drawing up the requirements for particular posts will rest with boards of governors in schools. Even if the teachers’ exemption were to be removed, a board of governors could legitimately view possession of a certificate in religious education to be a requirement for certain posts.

It is a mistake for Members to sectarianise discussion of these highly sensitive issues. We must deal with the legacy that we have been handed. Given the opportunity, many people would change things done in the past. However, we have to deal with the outcome of the past. Members must recognise that this is an issue on which strong views are held on either side of the argument. As always in such matters, the secret is to find a solution. I hope that we can do that.

Ken Robinson (UUP)

I notice how closely the deputy First Minister sticks to the script.

With schools increasingly sharing facilities, buildings and teaching staff in local partnerships, has not the ability of certain schools to use religious criteria in the appointment of teachers become an anachronism?

Martin McGuinness (Sinn Féin)

I certainly represent my own views on how we move forward. When I was Minister of Education, I was a strong supporter of integrated education and of all education sectors. I recognised that our education system was going to change and that it faced huge challenges, not simply in response to economic forces, but in recognition of the practical sense that it makes to increase sharing among schools. Inevitably, that brings about a situation where consideration has to be given to the removal of obstacles to ensuring that all teachers have a level playing field. That is important, and the Member’s point is well made.

We have to move forward with the agreed processes to resolve that. The Department of Education will conduct its review in the next while, on the other side of which I hope that we will see a solution that is acceptable to all.

William Hay (Speaker)

Question 2 has been withdrawn.