Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I assure Deputy Ó Caoláin that the Equal Status Acts of 2000 and 2012 apply absolutely to the provisions of the Child and Family Agency and, therefore, do not need to be restated in the Bill. As he will be aware, once there is primary legislation that is absolutely clear about discrimination and equality, there is not a need to repeat it in the Bill but it applies absolutely to the work of the Child and Family Agency.

The general scheme of the Irish human rights and equality commission Bill, as published in 2012, imposes a positive duty on the public sector which, I believe, addresses the issues of concern in this regard that Deputy Ó Caoláin raises as well. Head 36 of the general scheme proposes, "A public body shall in the exercise of its functions have due regard to the need to eliminate prohibited discrimination, promote equality of opportunity and treatment and protect the human rights of its staff and the persons to whom it provides services.", and any further developments in this regard should apply in a consistent manner to all agencies. We already have the Equal Status Acts on non-discrimination, and the human rights Bill repeats that public bodies and agencies will have a positive proactive obligation to eliminate discrimination, promote equality of opportunity and treatment and protect the human rights of its staff. That obligation, which Deputy Ó Caoláin correctly highlights as an important one, is already in legislation. As I stated, there are further legislative proposals in that area that will copperfasten it as well.

The issues Deputy Ó Caoláin raises are well covered by legislation already. As he will be aware, one would go to the primary legislation and it would not be the practice to repeat it in this or in any other legislation contemplated.

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