Ms Susan Fay:

To respond to the comment made by Senator Martin Conway, this is not only a question of respect for Travellers but of the State's respect for international human rights and the treaties it ratifies. We have been continually reminded that unfounded denials of Traveller ethnicity are not in compliance with the third Framework Convention for the Protection of National Minorities. As Mr. Collins pointed out, the burden of proof on the question of showing that Travellers are not an ethnic group rests firmly with the State. It has not been established that Travellers are not an ethnic group.

To respond to Deputy Finian McGrath's comments, the Irish Traveller Movement has contacted the Attorney General on the issue of ethnic recognition but has not yet received a definitive answer.

On international human rights legislation, which has been alluded to previously, when international conventions or covenants are being implemented in Irish law groups such as the Irish Traveller Movement, Pavee Point and the National Traveller Women's Forum must lobby to have Travellers included as they are not included as a matter of right. When the Equal Status and Incitement to Hatred Acts were initiated they did not include Travellers, nor were Travellers automatically included within the scope of the Press Council and lobbying was required to address the issue.

Some people assert that the protection afforded to Travellers under the Equal Status Act is sufficient. As my submission sets out, however, there is a lack of legal clarity in this regard. As Travellers are not recognised as an ethnic group, the question arises as to whether Travellers can seek the application of the EU racial equality directive in national courts or seek to impugn the State in relation to the transposition of the directive. The lack of legal clarity on these issues is a serious matter. It is not a case of paranoia on our part because we have experienced this in the Irish Traveller Movement law centre. The fact that Travellers are not recognised as an ethnic group has been used against us in cases taken by the law centre. I am unable to give clients advice on the interpretation of whether the Equal Status Act transposes the racial equality directive because no one can give such advice. Ireland has a seat on the United Nations Human Rights Council but is refusing to recognise the country's indigenous ethnic group as a people in accordance with international human rights norms and anthropological and sociological norms and definitions. This is an uncomfortable position for the State to be in.