Oireachtas Joint and Select Committees

Tuesday, 8 July 2025

Committee on Children and Equality

General Scheme of the Equality (Miscellaneous Provisions) Bill 2024: Discussion

2:00 am

Dr. Iris Elliott:

There are two EU directives on standards for equality bodies but essentially the text is the same to nip any confusion in the bud.

A lot of the issues that have been raised here concern what is the evidence base around equality discrimination in the State. There is an article that deals with data and another that deals with consultation and the obligation on all elements of the State to engage with IHREC as an equality body around legislation policies and programmes. Inevitably that has a beneficial impact on civil society as well because we are obliged to engage with civil society in terms of our own positions. There is an article around consultation. There are articles regarding litigation. There is a range of different legal powers. They are fundamental and extensive and, we would argue, they will change the whole architecture on equality in the State and also how to speak to other colleagues' concerns such as regarding the everyday life of people who are impacted by inequality and discrimination.

Because it is transposition of European law, there is a great deal of guidance. There is a lot of effort along it. For us, it is important that Ireland play a leadership role and transpose the directives ambitiously because that is important within the current context, as the Deputy referred to it.

We have got some detailed information on the standards directives but, as Mr. Herrick has mentioned, we have a serious concern that something so substantial might be progressed through amendment to legislation after pre-legislative scrutiny. Certainly, it would be helpful if the State would clarify how it intends to transport the directives by 19 June next year because we already have a pathway for and understand how other pieces of European legislation are to be transposed and it is not clear to us.

Finally, one of the other key pieces of clarity we require relates to the fact a lot of the content of the standards directives refer to the Workplace Relations Commission. It is very important that we get some clarity on the status of the Workplace Relations Commission. Our view is that will require it to be recognised as an equality body as well and to come under the purview of the standards directives. That is also quite a fundamental question that needs to be answered.

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