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Department of Regional Development discriminated against candidate | Department of Regional Development discriminated against candidate |
(about 3 hours later) | |
The Department of Regional Development has lost a religious discrimination case at an industrial tribunal. | The Department of Regional Development has lost a religious discrimination case at an industrial tribunal. |
It found evidence by Sinn Fein's Conor Murphy "implausible and lacking credibility". | It found evidence by Sinn Fein's Conor Murphy "implausible and lacking credibility". |
The case was brought by Alan Lennon, a Protestant overlooked for the post of chairman of NI Water. | The case was brought by Alan Lennon, a Protestant overlooked for the post of chairman of NI Water. |
Deciding Mr Lennon was discriminated against, the tribunal believe Mr Murphy - minister at the time - also broke the code of practice for appointments. | Deciding Mr Lennon was discriminated against, the tribunal believe Mr Murphy - minister at the time - also broke the code of practice for appointments. |
In March 2011, Mr Murphy appointed a Catholic as chairman, Sean Hogan, ahead of four others shortlisted after interview, all of them Protestants. | In March 2011, Mr Murphy appointed a Catholic as chairman, Sean Hogan, ahead of four others shortlisted after interview, all of them Protestants. |
According to the tribunal, Mr Hogan was selected because "he was not from a Protestant background and because he was known to the minister and his (then Sinn Fein) ministerial colleagues", Michelle Gildernew and Caitriona Ruane, who were consulted about the appointment. | According to the tribunal, Mr Hogan was selected because "he was not from a Protestant background and because he was known to the minister and his (then Sinn Fein) ministerial colleagues", Michelle Gildernew and Caitriona Ruane, who were consulted about the appointment. |
The BBC has seen the 26-page decision issued to those involved. | The BBC has seen the 26-page decision issued to those involved. |
It concluded: "The tribunal is in considerable doubt as to whether the merit principle was adhered to by the minister and whether Mr Hogan was the best candidate." | It concluded: "The tribunal is in considerable doubt as to whether the merit principle was adhered to by the minister and whether Mr Hogan was the best candidate." |
It also said Mr Murphy had added new criteria to the selection process "in order to secure Mr Hogan's appointment", something it viewed as a breach of the code and procedures for appointments. | It also said Mr Murphy had added new criteria to the selection process "in order to secure Mr Hogan's appointment", something it viewed as a breach of the code and procedures for appointments. |
The tribunal disputed Mr Murphy's claim he was unaware of the religion of the candidates. | The tribunal disputed Mr Murphy's claim he was unaware of the religion of the candidates. |
"In the reality of the political and religious environment in Northern Ireland, the tribunal finds the minister's evidence is implausible and lacks credibility." | "In the reality of the political and religious environment in Northern Ireland, the tribunal finds the minister's evidence is implausible and lacks credibility." |
The tribunal also said that during Mr Murphy's time as DRD minister - between 2007-2011, there was "a material bias against the appointment of candidates from a Protestant background". | The tribunal also said that during Mr Murphy's time as DRD minister - between 2007-2011, there was "a material bias against the appointment of candidates from a Protestant background". |
The findings added: "The tribunal is concerned that Dr (Malcolm) McKibben as permanent secretary with DRD and currently head of the NI Civil Service was not more aware of the situation." | The findings added: "The tribunal is concerned that Dr (Malcolm) McKibben as permanent secretary with DRD and currently head of the NI Civil Service was not more aware of the situation." |
The tribunal rejected Mr Lennon's claim there was also political discrimination, saying there was "a paucity of evidence". | The tribunal rejected Mr Lennon's claim there was also political discrimination, saying there was "a paucity of evidence". |
A statement released by the Office of the First Minister and Deputy First Minister (OFMDFM) on Thursday evening, said: "Dr McKibbin took up appointment as Permanent Secretary in DRD in August 2010. In February 2011, one month before the Northern Ireland Water Chair interviews, Dr McKibbin received a copy of the latest OFMDFM Annual Report into Public Bodies and Public Appointments which covered 2009/10. | |
"The information in this report did not warrant a conclusion that there was a religious discrimination problem with DRD appointments." | |
Mr Lennon's case was assisted by the Equality Commission. | Mr Lennon's case was assisted by the Equality Commission. |
Its chief executive Evelyn Collins 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. | Its chief executive Evelyn Collins 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. |
"A key part of this is the requirement for a sufficient degree of transparency and accountability in the process to assure people that selection is based on merit and that, if unlawful discrimination occurs, it can be challenged." | "A key part of this is the requirement for a sufficient degree of transparency and accountability in the process to assure people that selection is based on merit and that, if unlawful discrimination occurs, it can be challenged." |
The DRD said in a short statement it would take time to consider the ruling. | The DRD said in a short statement it would take time to consider the ruling. |
In a statement Mr Murphy said: "I absolutely refute any allegation of discrimination against Alan Lennon on religious grounds. | In a statement Mr Murphy said: "I absolutely refute any allegation of discrimination against Alan Lennon on religious grounds. |
"I stand over all of the appointments I made as the regional development minister and adhered to all the set criteria for such appointments. | "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." | "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." |