It was great to meet Nikki Murphy and her fellow volunteer colleague in the Seanad last month. They are a part of a campaign working hard to establish an Educate Together school, in D6, Terenure. I wish them every success and fully support their call to offer more educational choices for parents and their children.
SENATOR BACIK CALLS FOR INTRODUCTION OF ‘BIKE TO SCHOOL’ SCHEME
Senator Ivana Bacik, Labour Leader, Seanad Spokesperson on Justice, Monday 20th July, 2015
Speaking in the Seanad today, Senator Ivana Bacik called for the introduction of a new ‘Bike to School’ scheme. The idea for this scheme is that it would expand the very successful employee/employer Cycle to Work scheme, introduced in 2009, to enable employers to provide employees with tax-exempt bicycle/bicycle safety equipment for their school-age children.
Employment Equality (Amendment) (No.2) Bill 2013: Report Stage (Resumed) and Final Stage, Thursday 9th July 2015
"A revolution is required... we need to break the hold, the stranglehold that the Churches, plural but in particular the Catholic Church have on our primary education system and indeed our secondary education system too."
I thank the Leader for scheduling the resumed Committee Stage of the Employment Equality (Amendment) (No. 2) Bill for this afternoon. I advise colleagues that this Bill started life as a Private Members' Bill introduced by Senator Moran and myself on behalf of the Labour Party in March 2013. On Second Stage, 11 Members spoke and, as such, there is significant interest in the legislation, which is intended to amend section 37 of the Employment Equality Act to ensure that discrimination against teachers, in particular, on the basis of sexuality or family status will no longer be possible. It is a very important Bill and there is great interest in it from civil society, the unions and LGBT rights groups. It was delayed and we had Committee Stage over two dates in March 2014, at which time there was again a great deal of interest from colleagues. In light of that, we are scheduling the resumption of Committee Stage, which will hopefully conclude this evening, as the Government has now approved a set of amendments for Report Stage. We hope Report Stage will take place next week. Those Senators who tabled amendments on Committee Stage, Senators Zappone and Power, have been briefed by the Minister of State, Deputy Aodhán Ó Ríordáin, and a further briefing has been arranged for next Tuesday, 7 July, at 3 p.m. for all Senators with an interest in the Bill so that people can have a full briefing on what the Report Stage amendments will entail. The meeting will take place in meeting room C in LH 2000. I have circulated a notice on that at the request of the Minister of State. It is a very important Bill and it is a good day for the Seanad to see it progress as a Government Bill, having started life as a Private Members'
With just two days to go until the Marriage Equality referendum this Friday 22nd May, (7am-10pm) I am asking you to help ensure a high turnout and a majority vote in favour of this vital referendum which would enable gay couples to marry. I am out canvassing for a Yes vote every day, and I believe it could be very close. You will see below the text of an article I wrote that was published last week in the Irish Times, setting out my arguments for the referendum and responses to the No side - "Three Reasons to Vote Yes-and Three Reasons Not to Vote No".
You may find it helpful in persuading family and friends to support the referendum.
Please do your best over the next two days to help ensure that this referendum is passed, and most importantly don't forget to vote yourself on Friday!
Very best wishes, Ivana
"Three Reasons to Vote Yes - and Three Reasons Not to Vote No The marriage equality referendum debate has become increasingly intense in recent weeks, so it’s important to focus on the core issues at stake. Three key reasons to vote Yes. 1 Gay couples would be able to get married. The referendum, if passed, would allow gay couples to get married. It would insert the following 17 words into the Constitution: “Marriage may be contracted in accordance with law by two persons without distinction as to their sex.” This new sentence would not define or redefine marriage. The constitutional protections for the “Family” and for the institution of marriage, on which the “Family” is founded, would both remain in place. But for the first time our gay sisters and brothers would have the same right to form a constitutional family that we heterosexuals take for granted. 2 We would have a more equal Ireland. If the referendum is passed, Ireland would join a growing European and international consensus that there is no valid legal basis on which to discriminate against same-sex couples. It would be an immensely positive vote for a more tolerant, inclusive and compassionate society. 3 The rights of children would be strengthened and affirmed. If passed, the referendum would affirm that the small number of children currently being brought up by same-sex couples could become part of a constitutionally protected family, valued by Irish society on an equal basis with other families. It would also reassure children who are themselves gay or lesbian that they are equal in law with their heterosexual siblings and friends. Then this nation really would cherish all its children equally – as promised in the 1916 Proclamation. These are the key issues in the referendum – and the three most important reasons to vote Yes.
Three reasons not to vote No Here are three further reasons for a Yes vote – to reject the bogus claims being made by the No side. 1 Civil partnership is not equality. Civil partnership is not the same as civil marriage. It has no constitutional protection, and is only available to same-sex couples. The status, rights and responsibilities of civil partners can be changed at any time through legislation. Because civil partnership does not have constitutional status, access to it does not confer equal status with civil marriage. 2 This referendum will not affect adoption/ assisted human reproduction/surrogacy or child welfare laws. The No side argues that if same-sex couples are allowed to marry, they would automatically get a constitutional right to procreate using AHR or surrogacy – and that the Oireachtas would then be unable to legislate to differentiate between married gay or straight couples in respect of access to AHR or surrogacy. There is absolutely no basis to this argument. First, it ignores two key realities: a. the vast majority of couples availing of AHR or surrogacy at present are heterosexual; and b. there is no requirement that a person be married before they may avail of such services. Second, there is no absolute right to procreation, even for heterosexual married couples. In the one case in which the Supreme Court has addressed this issue, Murray v Ireland, the court held that the State could negate the right of a married couple to engage in natural procreation, since they were both in prison. The courts have never recognised any right to procreate using donor eggs or sperm for heterosexual couples, married or not. Third, any legislation concerning children will always be subject to the overriding “best interests of the child” principle enshrined in article 42A of the Constitution, which must be the primary focus of any legal regulation of parenting, including regulation of adoption, AHR or surrogacy. The Children and Family Relationships Act 2015, for example, provides already that gay couples may adopt, subject to this principle. Geoffrey Shannon, chair of the Adoption Authority, has confirmed that the adoption process will remain the same, regardless of the referendum’s outcome. Similarly, the 2015 Act already provides for strict regulation of donor-assisted reproduction, and prohibits anonymous sperm donation. This will be unaffected by the referendum. Finally, whether the referendum is passed or not, the Oireachtas may prohibit or restrict access to surrogacy through legislation. 3 This referendum will not affect teaching in religious-run schools Some argue that religious schools may be sanctioned if they do not change their teaching to recognise same-sex marriage. This is ridiculous. The referendum is only about civil marriage; religions and religious-run schools will remain free to teach in accordance with their ethos. When civil divorce was introduced in 1995, this did not affect Catholic teaching on marriage. This referendum is simply about equality; the equal right of same-sex couples to marry. So let’s support our gay friends and relatives on 22nd May with a resounding Yes. Ivana Bacik is Senator for Dublin University and Reid professor of criminal law at Trinity College Dublin."