Mr. Liam Herrick:

I thank the Cathaoirleach and committee members for inviting us today. The Irish Human Rights and Equality Commission, is Ireland’s national equality body and national human rights institution. Our mandate includes advising the Oireachtas on the adequacy and effectiveness of legislation with reference to Ireland's human rights and equality obligations. This is a Bill on which IHREC has invested significant resources over several years. We established a future of equality legislation advisory committee composed of leading experts and civil society organisations working in this area and made two detailed submissions to the Equality Acts review. We have also had sustained engagement with relevant Departments over many years.

The general scheme presents a critical opportunity to modernise Ireland’s equality legislation at a time when backsliding on equality and rights are a growing problem globally, including within the EU. This is a significant opportunity to ensure that Ireland sets the highest standards of equality and non-discrimination protections and that these principles are at the top of the Government’s agenda and the agendas of all public bodies.

There are some points in the general scheme that we particularly welcome: the inclusion of our recommendations on the repeal of section 19 of the Intoxicating Liquor Act 2003, which we have previously highlighted as being incompatible with the requirements of EU law, including the EU race directive; the removal of differential rates of pay for disabled people; the requirement for objective justification in respect of qualifications under section 36(4) of the Employment Equality Act; and the amendments to the provisions relating to victimisation under the Equal Status Act and vocational training under the Employment Equality Act.

Overall, we believe the scope of the general scheme is too narrow. It represents a minimalist approach and focuses on measures required of the State by the EU, and long overdue reforms. In our view, the Government could miss the opportunity to be much more ambitious.

It is disappointing that many of our recommendations to the Government have been only partially reflected in the general scheme or have been ignored entirely. Key gaps remain in provisions around redress, time limits, compensation caps, reasonable accommodation and intersectional discrimination. Of particular concern to IHREC is that there is no clarity on whether this Bill will be the vehicle for the transposition of the EU directives on standards for equality bodies. There is an obligation on Ireland to transpose these critical directives by June 2026. There is no mention in the general scheme of socioeconomic discrimination, a key issue we have consistently raised and on which the Government has made several commitments.

It is the duty of IHREC, as Ireland's national equality body, to advise this critical Oireachtas committee on how best to meet the State's equality and human rights obligations. A strong and trusted relationship between the Oireachtas, the Irish Human Rights and Equality Commission and civil society is essential to prevent rights erosion and to strengthen our democracy.

While this Bill may represent the first phase of reform, we are seriously concerned that so many of our proposals and those of other key stakeholders, including those with us today, have been overlooked in the process to date. Without action and ambition, Ireland risks the stagnation and potentially the regression of what was previously our leadership on equality and human rights within the EU. Given the importance of the issues addressed in the Bill, and of meaningful parliamentary scrutiny of and deliberation on them, it is essential that this committee be given adequate time to fully consider these issues in detail.

IHREC urges the members to take full account of our analysis and recommendations as this Bill progresses, and it is eager to assist and support in that process in whatever way it can. My colleague, Dr. Iris Elliott, will be happy to answer any questions.