Ms Eilis Barry:

I thank the Cathaoirleach and the committee for allowing FLAC to speak about this once-in-a-generation opportunity for equality. FLAC is acutely aware of the huge demand for information, legal advice and representation in relation to this very complex and inaccessible legislation. We are also aware of the limitations of the legislation, including gaps in scope and grounds, procedural issues that make it difficult to make a claim and the poor, ineffective remedies, especially under the Equal Status Act. We are aware of this from our case work arising from our dedicated legal services for the Traveller, Roma and LGBTQI communities and also our casework on behalf of people with disabilities, as well as from the numerous NGOs that contact us all the time seeking information, advice and representation in equality cases that we have to turn away.

We have responded to the overwhelming demand for information, advice and representation in three ways. First, together with the Irish Network Against Racism, INAR, we have trained a group of lay litigants to support people bringing cases on the grounds of race to the WRC. Second, have campaigned continuously for better information, advice and legal representation services from the Legal Aid Board, IHREC, the Citizens Information Board and the WRC. Third, we campaigned for a comprehensive review of the equality legislation. We then worked with IHREC to support the NGOs working directly with groups experiencing discrimination in order to hear about the issues they face and to formulate appropriate law reform responses to those issues.

The significance of the general scheme cannot be overstated. While it requires significant improvement, it represents the first major reform of the legislation in the past two decades. During that time, we have seen a worrying rise in discrimination and prejudice. That requires stronger equality legislation to give effect to our Constitution’s guarantee of equality before the law and to comply with EU requirements. Equality legislation is the expression of our shared values of respect and dignity, values that underpin our belief in human worth.

Some of the measures outlined in the general scheme have the potential to breathe fresh life into the prohibition of discrimination and to encourage the development of a culture of compliance with equality legislation. If enacted as currently drafted, the proposed Bill will have a very positive impact, especially for Travellers and people with disabilities. We particularly welcome the measures to provide for significantly increased compensation under the Equal Status Act, moving the jurisdiction for claims against licensed premises from the District Court back to the WRC and greater accessibility in the process for making a claim, including through extended time limits. However, this needs to be strengthened and improved by: including the grounds of socioeconomic status and gender identity; ensuring that the State and public bodies clearly and expressly come within its scope; simplifying the complaints process further; improving supports for victims of discrimination; and strengthening the equality mandate of IHREC and the WRC, as will be required under the EU equality bodies directive.

We have supplied the committee with a detailed written submission. My colleague Mr. Bowes and I will be happy to answer any questions members may have.