Equality Bill criticised for 'not going far enough'

The Human Rights Commission has criticised the proposed Equality Bill now going through the Oireachtas.

The Human Rights Commission has criticised the proposed Equality Bill now going through the Oireachtas.

The stated intention of the Bill is to implement three EU directives on equality in Irish law.

However, the commission claims that its provisions fall short of EU standards.

The commission welcomes the commitment contained in the Bill's Explanatory Memorandum to level up the protections already contained in Irish anti-discrimination law.

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But it expresses concern that, as presently drafted, the Bill does not go far enough in transposing the three directives, thereby leaving Irish anti-discrimination law at variance with EU standards.

"Some of the measures included may have the effect of undermining existing non-discrimination protections, by creating new categories of exemptions and retracting on decisions of the Equality Tribunal," the IHRC warns.

Its president, Dr Maurice Manning, said: "We urge the Government to ensure that Ireland's transposition of the three directives will serve to retain Ireland's place at the forefront of international best practice in combating all forms of discrimination and not, as we fear from the present Equality Bill, lead to a diminution of the present level of protection."

Among the specific points raised by the Human Rights Commission are the failure to provide for a legal role for trade unions or non-governmental organisations in ensuring compliance with the provisions of the directives. This is an explicit provision of the EU directive.

It also criticises the retention of the two-month period for written notification under the Equal Status Act and of the existing statutory ceilings on compensation.

This will restrict the capacity of the Irish courts to keep up to date with evolving European standards on appropriate levels of compensation in discrimination cases, it says.

The commission does not accept the continuing exemption of the recruitment of domestic workers from the protection of the Employment Equality Act.

It says that this is not contained in the EU directives, and does not believe that the considerations of "private and family life", which are referred to in the directives, justify discrimination against domestic workers.

It calls on the Government to use the Bill to introduce a positive duty on public bodies to mainstream the promotion and protection of equality.

It also recommends that the Bill should extend the Equal Status Act to cover the provision of social security, which is also provided for in the Race Directive.

It recommends that the proposed exemption of third level educational grants be deleted, as it erodes equality protections in access to education.

The commission recommends that the proposed exemption of immigration and asylum regulation from the protection of the Equal Status Act also be deleted.

It may have the potential to infringe the right of asylum seekers in Ireland to a fair consideration of their claim to asylum, and might lead to discrimination in the wider area of immigration policy and administration, the commission says.

Finally, it expresses concern at the retention in the Bill of a provision allowing discrimination in pay to people with disabilities.