EC drops faith-based hiring case against state

THE European Commission has abandoned plans to take Ireland to the European Court of Justice to stop religious schools and hospitals employing staff based on their faith.

Speaking yesterday, European Commission president Jose Manuel Barroso announced the case being prepared against Ireland under an employment directive had been dropped.

Earlier this year, the commission said it had taken exception to the practice of allowing religious schools and hospitals to rule out employing staff who conflicted with their ethos.

It was felt this contravened the Framework Employment Directive which prohibits discrimination on a large number of grounds including faith.

Last night, a statement released on behalf of Minister for Justice Brian Lenihan welcomed the comments made by Mr Barroso during his visit to Cork.

It said the minister expects the commission to formally remove the case from its books shortly.

“The Department of Justice understands the relevant commission officials, having examined Ireland’s response, are satisfied Ireland’s laws protecting the religious ethos of organisations and institutions are compliant with the directive.

“It is understood the commission will shortly make a formal decision terminating proceedings on this issue,” he said.

In February, the EU commissioner for employment, social affairs and equal opportunities, Vladimír Špidla, began legal action against 12 member states including Ireland, France and Germany for their “failure” to fully implement the EU employment directive.

Cases against other country’s are on different areas of discrimination including recognition of same-sex marriages.

Had the case against Ireland gone ahead, it would have had the potential to undermine the nature of educational patronage in Ireland.

The Catholic Church, the Church of Ireland and the Islamic community all came out against the commission’s stance.

Mr Lenihan said after the commission made its case in February the Government presented a strong argument in response and he was pleased this had been listened to.

“The commission had suggested earlier this year in a reasoned opinion that Ireland had incorrectly or inadequately transposed the Framework Employment Directive in six areas, the most significant of which related to the provision in national law to protect the religious ethos of organisations or institutions.

“In response, Ireland submitted a comprehensive rebuttal of the commission’s contention that the Framework Employment Directive had been inadequately transposed,” said the statement.

The minister also said he was satisfied the measures taken by the Government to bring the law here into line with the employment directive will stand up to scrutiny.

“[The minister] is confident the arguments put forward in support of the state’s case were very persuasive and such that the commission would find that Irish law was consistent with the directive,” it said.