27th November 2003

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A crucial new law protecting gay rights in the workplace comes into force in Northern Ireland on Monday, but not enough has been done to raise awareness of this groundbreaking legislation amongst employers and staff says a University of Ulster researcher.

Furthermore, a flaw in the legislation could provide a get-out clause for many employers here, leaving individuals vulnerable to discrimination due to sexual orientation.

Dermot Feenan, from the School of Law, was speaking at conference in Belfast entitled: Thirty Years On: Sexuality, Law and Policy on the Island of Ireland. The conference brings together leading activists and scholars on the central issues affecting lesbians and gay men just days before the Sexual Orientation Regulations come into force.

“The enforcement of this EU directive means for the first time ever in Northern Ireland, people will be protected against discrimination on the grounds of sexual orientation in the workplace,” said Mr Feenan.

“This will affect thousands of gay men, lesbians and others who have suffered harassment on the basis of their sexuality. It will put sexual orientation on a similar footing to discrimination on the grounds of race, gender or religious opinion.

“If a person is harassed or denied appointment or promotion or is discriminated against because of the sexual orientation or perceived sexual orientation they can now seek a remedy in a court of law.”

Mr Feenan points out that the legislation has long been over due in Northern Ireland, where a traditionally conservative outlook has prevailed toward issues of sexuality and gay rights.

“There have been significant developments in law and policy on sexuality each side of the border since the days of sexual liberation in the 1970s. But Ireland, North and South remains largely conservative, which is seen in poor sex education, stubborn gender relations, and widespread discrimination on the ground of sexual orientation.

“Survey after survey has shown that there are significant levels of discrimination on the basis of sexual orientation throughout workplaces, and in society as a whole, in Northern Ireland. For example a study of pupils in Irish Schools has recently revealed that 100 percent of young men have been the subject of homophobic harassment.

“These new regulations will help respond to that discrimination and harassment. If a person is being harassed because of their sexuality or perceived sexuality they now, for the first time ever, have the opportunity to take their case to the Equality Commission.”

Mr Feenan is worried however that despite the introduction of the new law, people will be slow to bring their cases forward. He blames lack of commitment and effort by both Government and the Equality Commission to raise awareness of the Sexual Orientation Regulations amongst employers and the workforce.

“Unfortunately there will be a very slow uptake of cases being brought forward. The Office of the First Minister and Deputy First Minister and the Equality Commission has failed to adequately promote this important legislation.

“Employers have not been properly informed. The failure of both the State and the independent agency to promote the Sexual Orientation Regulations reflects a longstanding neglect of this issue. It is the historical legacy of a male-dominated, heterocentric country that is fixated on constitutional and ethno-nationality issues.”

Another crucial flaw in the regulation, says Mr Feenan, is an exemption that allows discrimination in employment for purpose of an organised religion.

“This exemption is of major concern in Northern Ireland due to the disproportionate influence of the Church in a wide range of public sector jobs including education and health. This could have major implications for a substantial number of employees whose employers have been offered a get-out clause as a result of this loophole.

“For example, it would allow a Christian school to turn down a prospective maths teacher because he/she is gay on the grounds that homosexuality does not follow the teachings of the Church, despite the fact that sexual orientation has nothing to do the individual’s ability to do their job.

“This is just one example of a variety of cases that could occur, were gay men or lesbians would have no rights in a case of obvious sexual discrimination. I would strongly back changes to ensure that this exemption in the law is rectified.”

Mr Feenan also draws attention to the fact that only individuals, not activist organisations, can take a case

“This will mean that aside from action by the Equality Commission independent gay or lesbian organisations have no standing to advocate on behalf of clients. This will inhibit many clients, who still need grounds to trust official bodies,” he said.

Thirty Years On: Sexuality, Law and Policy on the Island of Ireland, is hosted by the School of Law and runs from Friday 28 November to Saturday 29 November at the Wellington Park Hotel, Belfast.

It marks the 30th anniversary of the very first conference on sexuality on the island of Ireland, held at the then New University of Ulster.

The conference will consider developments since 1973 including topics such as immigration, reproductive politics, activism and hate crime legislation. Keynote speakers include Senator David Norris, Ailbhe Smyth and Professor Carl Stychin.

For further information, please contact:

Press Office Department of Communication and Development
Telephone: 028 9036 6178
Email: pressoffice@ulster.ac.uk