Oireachtas Joint and Select Committees

Wednesday, 24 January 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Equality (Miscellaneous Provisions) Bill 2017: Discussion

9:00 am

Photo of Mick WallaceMick Wallace (Wexford, Independent) | Oireachtas source

I did not expect the two organisations before the joint committee to agree, just as members do not always agree. There will always be different views on legislation of this nature.

I have employed a few thousand people in my time and I personally did most of the interviews for employees. I see the challenges that will arise in areas such as this. Although I now live in Dundalk, I lived in Dublin for a long time and the discrimination in this city is so blatant as to be frightening. I have seen it all my life and I see inequality increasing.

I agree with Deputy O'Callaghan that legislation needs to be revised and updated. We need only consider the financial implications of the Finance Bill. No sooner had we removed the double Irish than the double malt appeared as a means of avoiding taxation. There is a reason the Oireachtas makes amendments to legislation and introduces new legislation in various areas. As legislators, it is part of our job to do this and it is clearly necessary that we do so in many areas.

To take as an example schools in Dublin, a person looking for a job in a large financial institution will enjoy a major advantage if he or she attended a private school. A person before the courts will also be at an advantage if he or she attended a private school. He or she will only need to put on the old school tie. We see this every day. Mr. Crowley pointed out that tinkering with legislation such as this helps to build a culture of compliance and challenges the status quoand we have done this in some areas. For example, a Minister got in trouble in the Houses a few months ago because he asked a woman in a job interview whether she was married or had children. Such questions would probably not have been a problem 20 years ago but they are now and the same applies regarding the need to legislate in this area.

I respect that some of the witnesses have issues with the legislation and I accept that employers will sometimes be wrongly accused of discriminating against someone. On the other hand, sometimes employers will get away with discrimination. I lost a case for unfair dismissal in which I believed I was in the right but was found to be in the wrong. That is how the system works sometimes.

Legislation of this nature is progressive and will play a small part in addressing discrimination and rising levels of inequality. I am in my 60s and I have never found society to be as unequal as it is now. Perhaps I was not as aware of inequality in the past but we have a serious problem with rising inequality. While I accept that is a much broader area, small measures such as the Bill before us will go some way towards addressing it.

It is important to listen to both sides of the argument and tease out the legislation. We should have an open mind and listen to both sides of the argument. While we will not always agree, we should listen to each other. I apologise for leaving the meeting in a hurry. I am due to ask a question in the Dáil.

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