I move amendment No. 2 to amendment No. 13:

In subsection (1A)(b), proposed to be inserted by paragraph (b), to delete "the institution's ethos" and substitute the following:

"the institution's ethos, and

(c) the relevant position of employment primarily involves the propagation of religion, such that the religion or belief of the employee or prospective employee is integral to that position.".

I second the amendment to the amendment.

I move amendment No. 3 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), to delete "(1B) Where an educational or medical institution referred to in subsection (1) is maintained, in whole or in part, by monies provided by the Oireachtas, action of the type referred to in paragraph (b) of that subsection" and substitute the following:

"(1B) In respect of an institution to which subsection (1) refers, action of the type referred to in paragraph (b) of subsection (1)".

I second the amendment to the amendment.

I move amendment No. 4 to amendment No. 13:

In subsection (1C)(a), proposed to be inserted by paragraph (b), after "religious ethos," to insert the following:

"which is defined in writing and the employee or the potential employee is made aware of it,".

I second the amendment to the amendment.

I move amendment No. 5 to amendment No. 13:

In subsection (1C)(c)(ii), proposed to be inserted by paragraph (b), to delete "and", and substitute the following:

"(iii) the employee’s or prospective employee’s right to privacy, and".

I second the amendment to the amendment.

The Minister of State has signalled his willingness to accept the amendment to the amendment.

I move amendment No. 6 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert the following:

"(1D) Without prejudice to the generality of subsection (1C), nothing in subsections (1) to (1C) may be relied upon by an institution referred to in subsection (1) to—

(a) justify or permit discrimination on the basis of religion or belief against any employee, former employee or prospective employee,

or

(b) allow any action to be taken against any employee, former employee or prospective employee,

where the employee, former employee or prospective employee

(i) holds the relevant qualifications necessary to carry out all of the functions associated with the position of employment,

(ii) is willing to carry out all of the functions associated with the position,

(iii) has agreed in the furtherance of his or her functions to uphold the religious ethos of the employer, and

(iv) has not undermined the religious ethos of the institution.".

I second the amendment to the amendment.

I move amendment No. 8 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:

"(1F) Without prejudice to the generality of subsections (1C) and (1D), nothing in subsections (1) to (1D) may be relied upon by an institution referred to in subsection 1 to justify or permit discrimination on the basis of civil status or to allow any action to be taken against any employee, former employee or prospective employee on the basis that the employee, former employee or prospective employee is, was at any time in the past, has become, or has indicated an intention or wish to become at any time in the future—

(i) a spouse,

(ii) a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or

(iii) a cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.".

I second the amendment to the amendment.

I move amendment No. 9 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:

"(1G) Without prejudice to the generality of subsections (1C) and (1D), an institution referred to in subsection 1 shall not be permitted to take action that treats a person less favourably on the basis of a lawful exercise of that person's right to freedom of expression, freedom of assembly or freedom of association.".

I second the amendment to the amendment.

I move amendment No. 11 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:

"(1I) An institution may only rely on this section where the ethos of the organisation is defined and published and the employee or potential employee has been made aware of it.".

I second the amendment to the amendment.

I move the following verbal amendment to amendment No. 13:

That in paragraph (c) of subsection 1C, as proposed to be inserted by amendment No. 13, the existing subparagraph (iii) shall be renumbered as subparagraph (iv) as a consequential technical amendment arising from the acceptance of amendment No. 5 to amendment No. 13.

Amendments Nos. 15 to 17, inclusive, are related and may be discussed together.

The intention of these amendments, which were introduced following consultation with the Department of Social Protection and the Department of the environment, Community and Local Government, is to prohibit, in the provision of accommodation, discrimination in regard to a tenant or prospective tenant on the basis that the person is or is not in receipt of rent supplement, or that the person's income in whole or in part is or is not provided by a State as a relevant social welfare payment or by housing assistance payment. However, this will be without prejudice to the landlord's rights under any rule of enactment regulating the provision of accommodation and to the right of a person providing accommodation to require that rent supplement be paid directly to him or her. HAP is paid directly to landlords under separate legislative provisions, which do not need to be repeated in these provisions.

The new "housing assistance ground" is drafted such that it applies only to the provision of rental accommodation, so as to avoid any unintended consequences. However, advertising is expressly captured because of the way in which the definition of "prohibited conduct" in section 2 of the 1998 Act operates.

It is absolutely appropriate that a person who is in receipt of a rent supplement or assistance payment and can meet the rent set by a landlord should not be discriminated against simply because of the source of his or her income. We have a serious housing crisis in Dublin city and elsewhere in the State. This is a reform for which my Department can and has taken responsibility. It does not pretend it will solve our housing problems, but it is a small and necessary step in the right direction. I commend the amendments to the House.