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

I wish to make a general point first about sections 32 to 34 and 36 to 38. These are all continuations with little substantive change of existing provisions in the Employment Equality Act 1998 and as such, they form part of our EU equality law obligations. This is so on the basis of provisions in the relevant directives that prohibit a regression in existing standards of protection. This obligation exists even though these provisions have not been used in recent years in practice.

Section 33, to which the amendment relates, provides that, in connection with preparing either an equality review or an equality action plan, the commission may serve a substantive notice on a person to supply information with regard to an equality review or action plan. Such a notice may also be served if an undertaking fails to implement the requirements of an equality action plan as outlined in section 32. This section also provides an opportunity for an undertaking to appeal such a notice and a penalty for failure to comply, other than in the case of a successful appeal being lodged. The notice takes effect, and has the force of law, after the expiry of 56 days, but a person can appeal within 42 days to the Labour or District Court as appropriate. In the current legislation, notices take effect after 42 days, but 42 days is also the deadline for taking an appeal.

Following consultation with the Equality Tribunal, the length of time for taking an appeal in relation to this section remains unchanged, but the period of time after which a notice takes effect is being extended to 56 days. This is to avoid a situation where an appeal is lodged on the last day possible and on the immediately following day the Commission, which may not have notice of the appeal, commences enforcement action. Such legal confusion is to be avoided if at all possible. It is good practice to leave a "gap" and two weeks seems a reasonable length of time and not excessive. This change in the Bill was made following consultation with the Equality Tribunal and I hope the Deputy will accept that.

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