LEADERS OF the Catholic Church in Ireland are prepared to launch a legal challenge to an EU Commission finding that its exemption from certain aspects of equality legislation is too broad, it was indicated yesterday.
The exemption allows faith-based organisations to discriminate on the grounds of religion when it comes to employees or prospective employees.
Msgr Jim Cassin, executive secretary of the episcopal commission for education, confirmed that the Catholic Church was seeking legal advice on the matter.
He stressed discussions were at an early stage but added that the church would also be liaising with other faiths, including Jewish and Muslim leaders, on the matter. It is understood that this could lead to a joint challenge.
Supporters of the exemption have argued that it enables religious leaders to protect the ethos of their schools, and other religious-run institutions.
However, others have claimed it has the potential to be applied in a disproportionate manner, particularly where an employee - for example someone who is homosexual - does not conduct their private life in accordance with the tenets of their employer's religion
Msgr Cassin said the church's response to the issue would depend on the advice it received, but said he could not rule out a legal challenge.
"We need people who support the school ethos, and we need to ensure that people don't actively oppose it," he told The Irish Times. "At the highest level we are preparing to defend this," he added.
Msgr Cassin's comments come as concerns were raised at a conference in Dublin that the commission may well be correct in labelling the current exemption as being too broad, and thus in breach of the EU's equality directive.
David Quinn, journalist and director of the Iona Institute, which hosted the conference entitled In Defence of Denominational Schools, said the action by the commission was "little known but could impact very severely on the freedom of action of faith-based schools".
The commission has accused Ireland of being in breach of the equality directive, he said. "Ireland rejects this interpretation."
But according to Prof Gerry Whyte of Trinity College Dublin, based simply on the facts of the case, the commission may well be correct.