Sandra McLellan (Cork East, Sinn Fein) | Oireachtas source

The rhetoric of Irish politics is weighted very heavily towards the idea of equality, albeit perhaps in a vague way and without a certainty as to what is meant by that but it is there nonetheless. It fits in with the particular sense of community and solidarity that defines Irish people or sprid an meitheal, one might call it. It often is to be seen at budget time, when politicians of all persuasion and in particular those in government are at pains to tell one they are about protecting the most vulnerable and the least well off in society. The reality is, of course, the complete opposite. The Government has hit the unemployed, single parents, the poor, the disabled, the unwell, those with special needs and more, while those at the very top, the high net individuals and those at the top of the public service, have not been asked to shoulder their fair weight. It has been shown that the budgets of the Fine Gael and Labour Government have disproportionately hit those on low incomes. It is simply lip-service, no more, no less.

This legislation is a fantastic opportunity to change that. It will introduce, for the first time, equality impact assessments on a statutory basis. This means State bodies will be required to take on board the impact of their decisions on those who could be discriminated against, such as marginalised communities and so on. Similarly, the Government of the day will be forced to take into consideration the impact its budgets and financial decisions will have on the most vulnerable or, in effect, forced to engage in equality proofing. This is not a new concept as it has been tried and put in to effect in many places including the North of Ireland, where the equality duty is founded in section 75 of the Northern Ireland Act 1998. This requires public bodies such as Assembly departments and other agencies to promote equality of opportunity. A public body could no longer simply state it has not discriminated against someone but was now obliged to actively promote equality and then actually prove that it was doing just that and must fulfil its commitment to equality in public.

There are those who would argue this will be complex and cause delay. The reality, however, is very much the opposite. This will force the relevant State bodies and Departments to outline how their decisions are equality-proofed, to take this in to account in making decisions and they would be obliged to factor in longer-term planning in all their decision-making. I believe this process could lead to a whole new way of planning and creating policies in State bodies and Departments. It would be planning in a way that promotes equality but also prudence, sustainability and long-term thinking. This legislation would be enshrining good practice. Consequently, it is clear that the legislation is an excellent piece of work, legislatively sound and well thought through, and Deputy Mac Lochlainn and his team deserve significant credit.

I will take this opportunity to note a few particular points regarding some of the new categories proposed to be inserted in the Equal Status Act, with all of which I wholeheartedly agree. I come from a constituency that contains considerable rural areas, as well as a number of larger towns, but in recent years I have noticed a considerable shift of services from rural communities and a serious erosion in the quality of life. The closure of Garda stations, local post offices and transport systems, alongside the shutting down of rural schools, is tearing the hearts out of rural areas. Cuts in the provision of health services and hospitals or family resource centres and the lack of child care have accelerated this decline. In tandem with high unemployment in rural areas, this is leading to people leaving the countryside to go into the cities. The Government has pursued policies in rural areas that are not even remotely equality-proofed and there is hardly even the sense that rural areas deserve equality in terms of the services with which they are provided. That must change as rural areas, with the huge potential which exists in agrifood and other areas such as renewable energy, could be a key driver of economic recovery. However, this simply will not happen unless there are sustainable communities and at their root, sustainable communities have decent provision of services. Unless the Government ensures that rural communities get the services to which they should be justly entitled, a decline in such rural communities will continue. This Bill can help in that regard.

I also consider the inclusion of the ground of trade union membership is vitally important and anyone connected with the trade union movement will recognise the importance of this provision. I was a shop steward in my workplace over many years and am acutely aware that many employers will be reluctant to employ trade union members and activists and indeed can often dismiss employees who are trade unionists for that reason, although they will be given another reason for such a dismissal. However, it also is important that people recognise that discrimination does not only work in terms of negative treatment, but also through more favourable treatment being shown to others. This is a particular issue with regard to workers' rights because one often sees the stick of mistreatment or dismissal accompanied by the carrot of various inducements. I refer, for example, to a wage increase or a promotion being offered, albeit with an implied suggestion that union membership might not be helpful in obtaining it. Trade union membership could be added to the six grounds of discrimination and could give a legal mechanism for challenging such behaviour. It is apt that Sinn Féin is bringing forward this legislation while the Irish Congress of Trade Unions participates in its biennial conference. In particular, I appeal to Labour Party Members to consider the value of this Bill in ensuring fair treatment for workers. Ta sé fíor-tábhachtach i mbliaina, céad bliain ón stailc cáiliúI i mBaile Átha Cliath, go ndéanfaimis cosaint ar cearta oibrithe. Ní saoirse go saoirse lucht oibre.

Likewise, the Irish language community has been consistently, persistently and badly discriminated against over many years. Worse still is that there are those who would paint them as an elite and that they should stop complaining while the Government breaches and disregards their rights. The reality is somewhat different. In his annual reports, An Coimisinéir Teanga has regularly highlighted the flagrant breaches of the Official Languages Act and the discrimination against Irish speakers in terms of accessing services.

In one shocking example of discrimination, a driver who was stopped by the gardaí in relation to a road traffic matter found himself arrested and escorted in handcuffs to a Garda station where he was detained until a Garda was found who could deal with him through Irish. The Coimisinéir's report stated: "The person detained in the case was not involved in an accident nor were there any allegations made concerning speeding or driving under the influence of alcohol."

That is scandalous. However, there are many other examples. Many State agencies are in breach of the Act, as was the Department of Social Protection. The Coimisinéir, Seán Ó Cuirreáin, is doing an excellent job. However, his thanks is to be ignored by the Government, and the complaints disregarded. It is the Government which is responsible for pursuing these matters with those Departments and bodies that are in breach of the law. This is disgraceful discrimination, and this Bill could rectify that. To discriminate against Irish speakers would be contrary to the Equal Status Act, as it should be.

Tá sé fíor thábhachtach go mbeadh cearta Gaeilgeoirí daingean agus go mbeidís in ann úsáid a baint as seirbhísí, maraon leo siúd nach labhrann Gaeilge. Is cearta daonna iad cearta teanga.

I wish to note that Private Members' time is often acrimonious and heated as we debate the matters of the day and hold the Government to account, and that is as it should be. However, it is also a key opportunity to bring forward legislation which we believe is necessary, useful and valuable. This is legislation with which we can all agree, certainly in terms of its objectives and likely in terms of its provisions also.

Amendments to improve the Bill will be welcome. However, that can be done on Committee Stage, and there is no real reason to oppose the Bill's passage to Committee Stage, where it can be taken. I would urge Members on all sides of the House to support this important legislation.

Ní mór don Rialtas tacú leis an fhreasúra nuair atá píósa reachtaíóchta úsáideach agys fiúntach os chomhair an tí.

Fianna Fáil talks about constructive opposition as it opposes a property tax it came up with, condemns cuts that are the same as those it brought in, and brings forward pre-budget submissions which contain gaps a train might fit through. That is not constructive opposition. We are bringing forward a piece of legislation which could greatly contribute to the budgeting and management of State bodies, help ensure that we protect our most vulnerable, and go beyond the rhetoric. That is constructive opposition. I ask Members to please support this Bill.

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