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

Willie O'Dea: Before I respond to Senator Tuffy I want to ask the Chair to direct the Clerk of the Seanad, under Standing Order 121, to make a minor correction. The word "Office" in page 19, line 45, should not have a capital "O".

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

Willie O'Dea: In response to Senator Tuffy's amendment, this is dealt with essentially in section 69 of the 1998 legislation. To the best of my knowledge — I am open to correction — we have received no representations on it from any quarter. I will make further inquiries about it. The purpose of Part 6 of the Employment Equality Act 1998 is to provide guidance to employers, particularly large...

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

Willie O'Dea: With respect to amendment No. 12, there has been discussion on this issue during the preparation of the legislation. The effect of the amendment would be to remove jurisdiction for discriminatory dismissals from the Labour Court. In view of the discussions which took place, the conclusion was that the redress structure provided for in section 77 of the Employment Equality Act, places such...

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

Willie O'Dea: When I addressed this amendment on Committee Stage, I explained there was no requirement on the non-gender grounds in either the framework employment directive or the race directive for access to unlimited awards. The amendments would allow access to the Circuit Court for all employment discrimination cases. In the event that the EU Council of Ministers had intended to make available equal...

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

Willie O'Dea: Senator Tuffy made a compelling case on Committee Stage and I agreed to examine this amendment. Having done so, my view has not changed. I was delighted at the terms of the directive because I knew it would compel national governments, including this Government, to extend the ambit of these protections to people in what is loosely termed "domestic service". We have agreed to exclude that...

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

Willie O'Dea: My practice, either in this or the Lower House, is that when I say I will look at an amendment, I do so. It is not for the sake of getting rid of Members. Senator Henry made an excellent case for this amendment on Committee Stage. I have discussed this in the interim with the Minister for Education and Science. We looked again at the issue of higher education grants and the proposed section...

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

Willie O'Dea: As promised on Committee Stage, the Government has brought forward amendment No. 17, which I now propose to accept instead of amendment No. 18. I thank Senator Tuffy for identifying this necessary amendment which occurred by reason of the enactment of the Immigration Act 2004. I am delight to accept the substance of her Committee Stage amendment.

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

Willie O'Dea: I thank Senators from all sides of the political divide who contributed so constructively to the debate on this Bill. The debate helped to improve the Bill. I realise, in reply to Senator Henry in particular, that there were a number of matters that I undertook to examine between Committee and Report Stages. These were examined and I apologise to Senators who worked hard on their amendments...

Maternity Protection (Amendment) Bill 2003 [Seanad]: Second Stage. (20 Feb 2004)

Willie O'Dea: I thank everyone who contributed to this debate. I thank them for their generally positive remarks and support for the Bill. In the course of the debate, people lost sight of the fact that this legislation is the product of social partnership. It represents a deal worked out between employers, who are naturally concerned to protect their interests and minimise their costs, and the...

Maternity Protection (Amendment) Bill 2003 [Seanad]: Second Stage. (20 Feb 2004)

Willie O'Dea: This amends the earlier Act, and anything that is not amended still stands. A breast-feeding employee is defined as an employee up to 26 weeks after her confinement. However, we will re-examine that to ensure it is absolutely clear. Deputy Gay Mitchell raised a query about what safeguards will be in place to prevent people from skiving off work on the pretext that they are breast-feeding....

Maternity Protection (Amendment) Bill 2003 [Seanad]: Referral to Select Committee. (20 Feb 2004)

Willie O'Dea: I move: That the Bill be referred to the Select Committee on Justice, Equality, Defence and Women's Rights, in accordance with Standing Order 120(1) and paragraph 1(a)(i) of the Orders of Reference of that committee.

Tribunals of Inquiry: Statements. (20 Feb 2004)

Willie O'Dea: I brought it through Second Stage yesterday.

Maternity Protection (Amendment) Bill 2003 [Seanad]: Second Stage. (20 Feb 2004)

Willie O'Dea: I move: "That the Bill be now read a Second Time." Maternity protection is a fundamental right of any pregnant employee and one which has been enshrined in our legislation since 1981. The Maternity Protection Act 1994 further enhanced the existing legislation by implementing the provisions of the Pregnant Workers' Directive 92/85 EEC. It retained all entitlements of the previous legislation...

Maternity Protection (Amendment) Bill 2003 [Seanad]: Second Stage. (20 Feb 2004)

Willie O'Dea: Yes.

Seanad: Equality Bill 2004: Committee Stage. (18 Feb 2004)

Willie O'Dea: In regard to the example the Senator gave about a teacher having a few scoops privately, I cannot envisage how that would undermine the religious ethos of the institution in which he or she is working provided he or she does it privately in his or her own time.

Seanad: Equality Bill 2004: Committee Stage. (18 Feb 2004)

Willie O'Dea: I do not believe it would. The authority concerned would not be justified in sacking a teacher in those circumstances because section 37(1)(b) specifically states that the action which is protected must be reasonably necessary to prevent an employee from undermining the religious ethos of the institution. As the saying goes, "saying it don't make it so". I understand what the Senator is...

Seanad: Equality Bill 2004: Committee Stage. (18 Feb 2004)

Willie O'Dea: In regard to amendment No. 16, we are transposing the terminology directly from the directive. Therefore, I do not consider there is any reason to accept that amendment. We have been asked to transpose the directive, and we can go further, but, in reality, I do not believe it is going any further. This section amends section 37 of the 1998 Act to take account of the framework directive in...

Seanad: Equality Bill 2004: Committee Stage. (18 Feb 2004)

Willie O'Dea: It is, both from the point of view of what is allowed and what is excluded.

Seanad: Equality Bill 2004: Committee Stage. (18 Feb 2004)

Willie O'Dea: This amendment to section 44 of the Act of 1998 is proposed to enable 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 sphere of such payments, and I propose to include the Equality Authority in this category.

Seanad: Equality Bill 2004: Committee Stage. (18 Feb 2004)

Willie O'Dea: This amendment inserts additional provisions in section 67 of the Act of 1998 to further clarify matters relating to the Equality Authority's role in providing assistance to persons in taking proceedings under the Act. The principal new provision is contained in the new subsection (5). This makes explicit that the relationship between a solicitor employed by the authority or a barrister...

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