Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

I thank the witnesses for coming. It is a reality that discrimination on a socioeconomic basis happens; I would say it is quite widespread. I acknowledge that legislation is not always a panacea. The Equality (Miscellaneous Provisions) Act 2005 included housing assistance as a new ground. While that was welcome, unfortunately people will find ways around it. At least it has made discrimination on the basis of HAP or rent supplement more difficult even though many Deputies will be of the view that it still happens anyway. Legislation clearly has a role but it is not a panacea.

Mr. Crowley's point that a small number of cases can encourage a culture of complaints is a point well made. The Bill does not simply apply to employment, but also applies to services. I dare say that public bodies are equally culpable or potentially as culpable as employers in discriminating. Unfortunately in our constituency offices we also come across discrimination against people on the basis of who they are, where they are from or their background in accessing public services.

I do not agree with the point made about stigmatisation. I hope this would empower people. A point was made about places being identified as disadvantaged. The State identifies places as being disadvantaged. It is a recognition of reality and where properly done - sometimes it is not - it involves additional resources and supports. It is important to recognise the reality on the ground where communities are disadvantaged and that we work with them on the basis of that.

I have the following question for both the Equality and Rights Alliance and for IBEC. If somebody felt they had been discriminated against on the basis of their address or on the basis that they applied for a job and somebody less qualified got the job - perhaps it was a job within a legal firm and the son or daughter of a lawyer got the job and a more qualified person who was the son or daughter of an unemployed person was unsuccessful - under what grounds would they be able to take an action? How would they be able to make a case that they had been discriminated against? Is there space within the nine grounds or within other legislation for them to say, "I believe there has been discrimination here on the basis of who I am, where I am from or what my parents did. I can prove it." If it can be proved, under what grounds is that actionable?

There has been a fair bit of talk about the definition. The Equality and Rights Alliance believes it should not be defined too tightly. While I agree with that, it is important to strike the balance between broadness and precision. I put this question to IBEC also. How closely does the definition in this legislation resemble international comparators?