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Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: On a point of order, I thought it was forbidden to use the word "lie" in the House.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: The Deputy should withdraw the allegation.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: The Deputy should withdraw the word "lie".

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: The Deputy mentioned the word "lie" and I ask him to withdraw it.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: The Deputy should withdraw the phrase.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: The Deputy is as confused about this as his arguments suggest.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: This is rubbish.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage (Resumed) (21 Apr 2004)

Willie O'Dea: It will be here long before the Deputy.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Willie O'Dea: Its time will come.

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Willie O'Dea: I welcome the opportunity to speak on this proposal. I have raised some doubts about the wisdom of holding the referendum on the same day as the local and European elections and I am not alone in that — I am reliably informed there was a detailed Cabinet discussion of the subject. I recognise there are strong and compelling arguments on both sides but in this case I find I am in a minority...

Twenty-seventh Amendment of the Constitution Bill 2004: Second Stage. (21 Apr 2004)

Willie O'Dea: My concern related to the holding of the elections and the referendum on the same date and I do not resile from that. I have no difficulties with the timing of the referendum because it is my view, as was clearly expressed this morning by the Taoiseach, the Minister for Justice, Equality and Law Reform and others, that this problem has been allowed to fester for far too long and it is time we...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: I really do not know what the problem is and I still cannot see how I can accept the amendment. As I explained on Committee Stage, the European Communities (Burden of Proof in Gender Discrimination Cases) Regulations 2001 give effect to Council Directive 97/80/EC on the burden of proof in cases of discrimination based on sex. The regulation applies to gender discrimination cases taken under...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: I will have a look at it.

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: I have a great deal of sympathy with Senator Tuffy's point of view, as I indicated on Committee Stage. For the record, section 34(4) of the Employment Equality Act 1998, which represents the current law, provides that: Without prejudice to subsection (3), it shall not constitute discrimination on the age ground to fix different ages for the retirement (whether voluntarily or compulsorily) of...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: Senator Phelan wants my support for the principle of equal pay to be stitched into the legislation. On this occasion, he will have to be satisfied with it being placed on the record because I am advised that it is not appropriate to write the principle into primary legislation, nor has it been, to the best of my knowledge, anywhere else. As I stated on Committee Stage, the proposal is...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: The new section replaces the provision under section 16(3) of the Act of 1998 as regards the duty of employers and persons engaged in vocational training to do all that is reasonable to accommodate the needs of people with disabilities to enable them to access and participate in employment or training, as applicable. At present, the requirement on employers is limited to the provision of...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: While I have a certain sympathy for the sentiments expressed by the Senator, the position is that, under the Constitution and in accordance with a decision of the Supreme Court, one cannot oblige an employer to take any measures to accommodate people with disabilities if they would impose more than a nominal cost. In this legislation, we have been able to move away from the Supreme Court's...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: I still argue that we are narrowing it. The original legislation was section 25 of the Employment Equality Act 1998. This was an excluding section. It excluded certain activity from the scope of the legislation. What we are doing here is replacing section 25 in its entirety with a section which excludes certain activity, in effect, the same activity, from the operation of the legislation. It...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: Paragraph (b) of this section inserts a new subsection (4) in section 35 of the Act of 1998 in response to Senator Terry's proposed amendment on Committee Stage, which I agreed to examine. The Senator's proposal sought the inclusion in the section of a provision prohibiting "a different rate of remuneration paid pursuant to subsection (1) below the level of the National Minimum Wage in force...

Seanad: Equality Bill 2004: Report and Final Stages. (24 Feb 2004)

Willie O'Dea: This amendment arises from a clerical error in the text of the Bill as passed on Committee Stage. This provision was agreed on Committee Stage and enables the Minister for Justice, Equality and Law Reform, with the consent of the Minister for Finance, to remunerate the board of the Equality Authority. In recent years social type boards, such as the authority, have been brought within the...

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