Page 5171 - Week 16 - Wednesday, 27 November 1991
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Proposed new clause 44A
MR STEVENSON (9.56): I move:
Page 21, line 33, after clause 44, insert the following new clause:
"44A.(1) Subject to subsection (2), nothing in Part III renders unlawful discrimination in relation to employment or work on the grounds of religious or political conviction, where the duties of the employment or work involves or relates to the dissemination or development of information, ideas or beliefs of a political, educational or religious nature.
"(2) Nothing in subsection (1) entitles a person to discriminate against another on the grounds of religious or political conviction where -
(a) the discrimination is unreasonable in the circumstances; or
(b) the discrimination is unnecessary to the effective dissemination or development of such information, ideas or beliefs.".
This amendment was suggested by the student at the law school that Mr Connolly referred to earlier, Alan Walker. As I mentioned earlier, discrimination on the grounds of religious or political convictions is unlawful under the Bill, and clauses 43 and 44 introduce exemptions to discrimination on those religious or political conviction grounds in relation to offers of employment, commission agents, contract workers and partnerships.
The exemption should not be limited to mere political or religious convictions but should also encompass moral beliefs - that is, not all convictions are political or religious, obviously. No sensible distinction can be made to exclude political or religious convictions but not moral or ideological grounds. If one is excluded, then so should the other.
Some difficulties arise when an employer or a particular group - let us say, voluntary organisations, lobby groups or organisations that have a party political function - wish to hire somebody who shares the same ethical, social or institutional views. This could range from groups like the Farmers Federation to the Salvation Army. While obvious political groups are entitled to discriminate on the basis of political conviction, other groups are not entitled to discriminate on the basis of ethical or social convictions.
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