Dáil debates

Tuesday, 11 December 2012

2:25 pm

Photo of Pearse DohertyPearse Doherty (Donegal South West, Sinn Fein)
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To ask the Minister for Justice and Equality his plans to reassure those with potential equality claims that their cases will continue to be processed in an effective way by the new Irish Human Rights and Equality Commission and by the Workplace Relations Commission, into which the Equality Tribunal is to be merged; and if he will make a statement on the matter. [54483/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I can provide absolute assurance to persons with potential discrimination claims under employment equality legislation and equal status legislation that they will, on the merger of the Equality Tribunal into the new workplace relations service, continue to be able to pursue formal complaints before the new body and that these complaints will be dealt with as effectively as by the Equality Tribunal. In addition, the new Irish human rights and equality commission, to be established on the merger of the Equality Authority and the Irish Human Rights Commission, will continue to provide advice and assistance to persons wishing to pursue such complaints, a role currently fulfilled by the authority. The new commission will have enhanced powers and functions and will be able to provide advice and assistance on both equality and human rights issues in an integrated way. These arrangements will make it easier for people to vindicate their rights by making our institutional arrangements clearer, thereby making it easier to navigate one's way around the system.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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As the Minister is aware there has been serious concern in recent years at the cutbacks in funding to the Equality Authority. I know from previous answers from the Minister of his determination to ensure that the new human rights and equality commission will be properly resourced and independent in line with the Paris and Belgrade principles and so on. I listened to a powerful lecture yesterday evening by the President, Michael D. Higgins, on the overall subject. Will the Minister provide more detail about how an ordinary person, who may believe he is the victim of discrimination and who may wish to raise a case, will be resourced? Will independent assistance be given to him and will he be protected?

What will be the role and function of the Equality Authority in ensuring this continues in the new structure to be established?

2:35 pm

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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Before turning to the specific question raised by the Deputy, I wish to make a number of points which are important. The functions of the new Irish human rights and equality commission will involve a levelling upwards rather than downwards of the functions of the Equality Authority and the Irish Human Rights Commission. The purpose of the merger is to strengthen protection of human rights and equality in Ireland. Likewise, reform of the workplace relations institutions aims to deliver a world class workplace relations service and framework, incorporating all functions of the Equality Tribunal, which will serve the needs of employers, employees and consumers and provide maximum value for money. I fully support this reform. The Deputy will be aware that these two initiatives are being undertaken as part of the radical streamlining of State bodies, a key deliverable of the public service reform plan. In the context of the workplace relations service, the Deputy will also be aware that this provision and the establishment of the service come within the remit of my colleague, the Minister for Jobs, Enterprise and Innovation. The Equality Authority remains in place and procedures will remain the same until such time as the new body has been put in place. The new body, in respect of which I hope to publish the legislation as early as possible in the new year, will provide all of the backup currently provided by the Equality Authority for individuals who have a complaint in the equality area. The change being brought about means that instead of these issues being dealt with by the Equality Tribunal, they will be dealt with by the workplace relations service, which is important because on occasion a dispute or allegation in the labour law area can end up before two forums, namely, the Equality Authority and Employment Appeals Tribunal. The intention is to provide for synergy and a greater focus in this area, which will ensure that where more than one issue arises from an individual's employment, the matter can be dealt with by one body. In the equality area the backup and assistance currently provided by the Equality Authority will continue to be available under the aegis of the new body.