Teacher fair employment law exemption needs addressed, says Foster

The recruitment of teachers in NI is exempt from legislation outlawing religious discrimination

The exemption of teachers from fair employment laws "needs to be dealt with", Northern Ireland's First Minister Arlene Foster has said.

She made the comments in response to a question from the Ulster Unionist Party assembly member (MLA) John Stewart.

The recruitment of teachers is exempt from legislation outlawing religious discrimination in Northern Ireland.

That has previously been criticised by some MLAs.

In 1976, the Fair Employment (Northern Ireland) Act exempted teachers and clergy as "the essential nature of the job requires it be done by a person holding, or not holding, a particular religious belief".

That was maintained in the Fair Employment and Treatment (Northern Ireland) Order 1998.

In 2004, the Equality Commission found that there was still some support for the exemption.

There were concerns that ending it would lead to Catholic schools losing their religious ethos and becoming non-denominational.

There were also worries from the Protestant churches that Protestant teachers would be disadvantaged because of the need for teachers in Catholic primary schools to have a certificate in religious education).

In response to Mr Stewart, Mrs Foster said that "things have changed since 1976 and we need to review this provision".

However, Mr Stewart said that the issue had been highlighted for a number of years.

'Who is against equality?'

"It has batted back and forth between the Executive Office and education ministers," he said.

"How, Mr Speaker, can we even begin to move towards a shared and single education system when it's perfectly legal to discriminate against a teacher based on their background?"

Arlene Foster gave no indication of when the exemption might change

"Can I ask the first minister where is the blockage in change coming from?"

"Is it coming from the Department of Education? Is it vested interests? Is it church or is it teaching unions? Who is against equality?"

Mrs Foster said she shared Mr Stewart's frustration.

"All I can say to the member is that it's something that I feel needs to be dealt with," she said.

"I want to say that very clearly because he's asked: 'Where's the blockage?'

"Certainly not with me because I believe that there's a need to deal with this issue.

"And he's right - if we are to have sharing across Northern Ireland then of course we should have it with our schoolteachers."

In response to a subsequent question from Sinn Féin MLA Nicola Brogan, Mrs Foster said discussions had been taking place between officials from the Executive Office and Department of Education about the exemption.

However, she gave no indication of a timescale for any possible change.

Separately, the Alliance Party MLA Chris Lyttle MLA has started a consultation on a proposed private member's bill on the exclusion of teaching from fair employment laws.