Mr. Martin Collins:

I thank the committee for the invitation to make a very short presentation on the potential implications of the proposed equality legislation. My heartfelt apologies, as I have to leave at 7.30 p.m. I have an unavoidable commitment.

Pavee Point Traveller and Roma Centre welcomes this opportunity to give its perspective on the proposed equality legislation and the potential impact on both Travellers and Roma. We believe it is important for Ireland to have robust equality legislation that fully meets European standards and our obligations under international human rights monitoring mechanisms, including the EU race directive. Pavee Point Traveller and Roma Centre is a national NGO that works to promote Traveller and Roma human rights in Ireland. Our work involves a community work approach based on the principles of human rights, participation, anti-racism and equality.

It is well documented that Travellers and Roma, as minority ethnic groups, experience persistent racism at both individual and institutional levels. We can see the manifestations of this racism in low educational attainment levels, high unemployment, poor living conditions, health inequality and prevalent discrimination by licensed premises.

In 2019, the United Nations Committee on the Elimination of Racial Discrimination, CERD, expressed concern at the disproportionate impact of the transfer of jurisdiction to the District Court for certain discrimination complaints. The committee recommended that complaints in relation to discrimination that occurred on or at the point of entry to a licensed premises be heard by the WRC. The present system is not an effective remedy. It is not dissuasive, proportionate or effective in dealing with discrimination by licensed premises, in particular. All discrimination cases should be adjudicated on by a specialist equality body, in this case the WRC.

There are a few elements in the proposed equality legislation that we do welcome and others that we have some concerns about. We welcome the proposed increase in compensation from €15,000 to €75,000. This, no doubt, will act as a genuine deterrent and will promote a culture of compliance. We welcome the proposed changes to the time limits and notification requirements, although we believe these should be abolished altogether. We acknowledge that what is proposed is a significant improvement on what we have at the moment.

We call for the expansion of the grounds covered by the legislation, including socioeconomic status and gender identity. It is welcome that there is provision for intersectional discrimination in the Equal Status Act, and this should be extended to the Employment Equality Act.

We would like to take the opportunity in the drafting process to give legal effect to the acknowledgement of Traveller ethnicity. At the moment, we have symbolic acknowledgement in the historic words on 1 March 2017 by the then Taoiseach, Enda Kenny, but this is a timely opportunity to amend our legislation to give legal effect to the acknowledgment of Traveller ethnicity.

The Legal Aid Board should be empowered to provide legal assistance in discrimination cases.

There needs to be a provision in the proposed legislation that facilitates NGOs in initiating discrimination complaints on behalf of individuals.