Oireachtas Joint and Select Committees

Tuesday, 6 May 2014

Select Committee on Justice, Defence and Equality

Irish Human Rights and Equality Commission Bill 2014: Committee Stage

3:10 pm

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 4:


In page 10, lines 19 and 20, to delete ", while respecting diversity and the freedom and dignity of each person".
Section 10(1)(e) provides that the human rights commission will "work towards the elimination of human rights abuses, discrimination and prohibited conduct, while respecting diversity and the freedom and dignity of each person". The intention of the amendment is to delete the words "while respecting diversity and the freedom of each person" from the subsection. The reason for doing so is to save us from potential discrimination because it could hamper the work of the commission in terms of looking at discrimination issues that may arise. For example, it could include the freedom to discriminate as part of "the freedom and dignity" of the persons involved. If they felt that there was a freedom, the provision could be used as a defence, under the legislation, in terms of any investigation that takes place. Therefore, the Bill will be strengthened by the removal of the provision. The provision could be used as a defence in the case of a cultural issue, for example, within a certain community. It would allow whatever practice being investigated to be continued even though it may not be acceptable to the wider community within the State.