'Relief' over DRD discrimination ruling

Published Thursday, 21 June 2012
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A man who was found to have been subjected to religious discrimination, during the DRD application process for a job at Northern Ireland Water, has told UTV he's "relieved" his claim was upheld.

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Alan Lennon, a Protestant, applied for the position of chairman at the company but did not get the job, despite being deemed appointable by the selection panel.

He subsequently took a case against the Department of Regional Development, assisted by the Equality Commission.

The Fair Employment Tribunal said it is satisfied that the successful candidate, Sean Hogan, was appointed as chairman of NI Water "because he was not from a Protestant background and because he was known to the Minister and his ministerial colleagues".

Speaking after winning the case, Mr Lennon told UTV: "There's not celebration, more relief.

"This process has been dragging on for 18 months since I applied for the post and 12 months since I began to express concern, so a sense of relief.

"There's also a real sense of gratitude to firstly the tribunal, who I thought conducted the case very thoroughly, and also to the Equality Commission.

"There is some hope on my part that this case will actually lead to change in both the DRD and the whole Northern Ireland Civil Service operation, because what I discovered during the course of this case was really very concerning about DRD's approach to appointments."

Dr Lennon had been deemed appointable for the position alongside three more Protestant candidates and one Roman Catholic candidate.

He made the case that he believed that he had greater relevant experience than the successful candidate and further argued that the then DRD minister, Sinn Féin's Conor Murphy, added new criteria to the essential criteria established at the beginning of the process, in breach of the Public Appointments Commissioner's Code.

The tribunal was satisfied that three factors were introduced by the Minister as additional essential criteria and that "the provisions of the Code do not, in the Tribunal's view, permit the use of additional criteria".

It was also satisfied that there were credibility issues relating to the evidence of the minister and the successful candidate.

Dr Lennon continued: "The professional panel's judgement of who was the best candidate for the job got put in the bin and a shortlist of five names, unmarked with a tiny little summary of background, went forward to the minister.

"In the view of the tribunal it was this process of handing forward unranked lists to the minister that really facilitated the appointment of Mr Hogan.

"It leaves open the possibility of cronyism and I think the tribunal really found in this case that they could not confirm the appointment of Mr Hogan on a basis of a process of merit."

Evelyn Collins of the Equality Commission said it welcomes the outcome.

"The Commission welcomes this important confirmation that public appointments, including those which involve the exercise of a Minister's discretion, are fully and clearly within the protection of the anti-discrimination legislation," she said.

"We supported this case because it is our view that the standards of fairness and non-discrimination that we expect in employment situations should apply equally to all public appointments."

Meanwhile Mr Murphy says he "absolutely refute any allegation of discrimination against Alan Lennon on religious grounds."

He continued:"I stand over all of the appointments I made as the Regional Development Minister and adhered to all the set criteria for such appointments.

"The Department have six weeks to decide whether to appeal this ruling. Having read the ruling myself I would be urging the Department to utilise the appeals process."

© UTV News
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12 Comments
Mid Ulster Male in Mid Ulster wrote (336 days ago):
At what point does it impact on any individual's ability to carry out a job which church he decides to attend on a Sunday. It's as irrelevant as whether he does his shopping in Asda or Tesco. It really is pathetic that we still define ourselves by religion - most 'catholics' and 'prods' I know don't even go to or follow the religion - but we seem to think that everyone must be labelled as one or the other. Time to grow up and move on from all this nonsense and stop linking religion and politics every time - not all prods love the Queen and not all catholics love Gerry
Martin in Belfast wrote (336 days ago):
@Sean, catholics apply for and get senior jobs in government departments every day. Monitoring of the make up of the workforce ensures that no institutional discrimination can take place now. We all know what happened in the past, but that is no excuse for this type of situation happening now.As for guilt being proven, the Tribunal has already found a case to answer, and subject to any appeal that is the situation. Equality has to be a good thing for all of us, yes?
??????? in Belfast wrote (336 days ago):
@ Sean.....meanwhile, on Earth....
Rob in North Down wrote (337 days ago):
@ Sean - what are you rambling about? Murphy HAS been found guilty of wrongdoing. It was on the evidence - not on his bitterness. So Catholics have to now resort to illegal acts in order to get jobs? Catch yourself on. There's laws now against that - as SF have found out today!
somewhereincloudcuckooland in NI wrote (337 days ago):
This isnt even touching the tip of the iceberg. Roman Catholics screamed discrimination on so many occasions but when senior managers who are RC do the same against employees who just so happen to be from the Protestant community how can it be still the Prods who are wrong? can Roman Catholics have it all their own way? I have known Prods who work for government who couldnt get promoted but had to buddy RC colleagues to show them how to the job. I have seen behaviour from a some Roman Catholics that leaves a major lot to be desired (& I have also worked with some who are the best) discrimination is widespread and and its not just happening to RC's. It would also appear that ther should be a major review of the employments practices at DRD & perhaps in other gov depts
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