Dáil debates

Thursday, 31 January 2019

Equality (Miscellaneous Provisions) (No. 2) Bill 2017: Second Stage [Private Members]

 

5:10 pm

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail) | Oireachtas source

I thank Deputy Browne for sharing his time and for bringing forward the Bill. It has been a good day in the House where we had a lot of discussion, first, with statements on CAMHS earlier and now this Equality (Miscellaneous Provisions) (No. 2) Bill 2017.

Fianna Fáil is bringing forward this Bill to end discrimination against those who suffer with mental health issues. The Equality (Miscellaneous Provisions) (No. 2) Bill will amend Irish equality legislation to ensure that persons can no longer be discriminated against on the basis of a mental health issue.

Our Bill introduces a stand-alone mental health ground of discrimination. This ground contains a broad definition of mental health status and includes persons' emotional, psychological and social well-being. Currently, it is unlawful to discriminate if a person has a disability, and that includes mental illness. However, the ground restricts mental health to a narrow medical definition. Our Bill puts mental health discrimination front and centre with equality legislation. It puts mental health as a stand-alone ground and gives it a human rights based definition.

It is crucial that every person is treated with dignity, fairness and respect, regardless of his or her mental health status. The Bill will serve as a further step towards bringing Ireland in line with international standards and equality and understanding of mental health as a human rights issue and not just a medical issue.

The Equality (Miscellaneous Provisions) (No. 2) Bill seeks to amend the Employment Act 1998 and the Equal Status of 2000 to expand the definition of mental health. In 1998 and in 2000, respectively, Fianna Fáil introduced the Employment Equality Act and the Equal Status Act. Disability is one of the nine grounds of discrimination set out in the Acts.

While the definition of disability in the Bill includes mental illness, the definition within the Acts provides a restrictive medical definition of mental health. Attitudes, stereotypes and prejudices about mental health can lead to discrimination. People regularly tell us that they have been discriminated against because of their mental health status. These are people who find themselves treated less favourably than someone else solely because of their mental health status. For this reason, Fianna Fáil has brought forward this Bill with a broadened definition of mental health to prevent discrimination on mental health grounds on a human rights basis.

We are at a stage where we have openness and honesty and when asked if they have medical conditions, people are finding it is okay to say they are not okay and to be honest with their employer. They have come through the time when we did not talk about mental health issues. The reason the Bill is before us is that people are dealing with and talking about their issues. It is important for employees with mental health issues to feel they will be treated equally and not differently from someone with a disability.

The Bill aims to solve three problems. First, it will help employees who have had a mental health issue. It does so by tackling one of the obstacles facing those who suffer from a mental health issue in their employment, namely, discrimination. If enacted, it will be crystal clear for employers and employees alike that discrimination based on mental health status is against the law. Second, it will address the need to prohibit any attempt to limit services based on a person's mental health status. The legislation will make it illegal to limit the provision of services based on a person's mental health status. Discrimination on the grounds of mental health status violates the very principle of equality for which we all seek to strive. Third, the Bill promotes equality by seeking to protect those who have been subjected to discrimination. It is crucial that every person is treated with dignity and respect, regardless of his or her mental health status. This Bill will serve as a further step towards bringing Ireland in line with international standards on equality and understanding on mental health as well as human rights. It is not just a mental health issue.

I ask the Minister of State and the Government to reconsider and allow this legislation to proceed to Committee Stage. It warrants that very basic support.

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