Sheila Terry (Fine Gael)

I welcome the Bill which makes a series of textual amendments to the Employment Equality Act 1998 and the Equal Status Act 2000 to allow for the implementation of a number of EU directives. It is a simple Bill which must be welcomed although it could have gone further and we should have availed of the opportunity to do so.

I thank the officials who, from a drafting point of view, are to be congratulated for avoiding the use of non-textual amendments. I hope we can now expect the Department to produce statute law restatements of our equality legislation. This legislation is being introduced under pressure from the EU. While we should thank the EU in that regard, the Government is becoming more reactive. It would be much better if it was a proactive Government which introduced necessary legislation. Why must we wait until we are rapped on the knuckles by the EU before we introduce this type of legislation? I am glad the EU is acting as a watchdog for Ireland.

The Bill addresses many aspects of citizens' equality. However, it does nothing to reinstate the Citizen Traveller, and anti-racism awareness programmes terminated by the Minister for Justice, Equality and Law Reform when he took office. I would like the Minister of State to respond to that point. The Bill also fails to address the equality of the Irish language. When the Leader of Fine Gael, Deputy Kenny, questioned the Taoiseach on this matter, the Taoiseach was far from convincing about his intent in this regard.

I am not satisfied that the Government is acting at this opportune time to give the Irish language the status it deserves and is entitled to in the European Union. The silence of the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, on this issue is in sharp contrast to that of the 20 other European Governments whose languages will have official recognition in the EU. Ireland has an ideal opportunity, during its Presidency of the EU, to ensure the Irish language is recognised. We should not lose the opportunity with which we are now presented. Our MEPs, when they speak in the European Parliament, cannot use the Irish language. We should not accept that and we now have an opportunity to address that matter.

This legislation represents another lost opportunity to encourage employers to introduce family friendly workplace practices. The Minister of State was in this House for the debate on the Maternity Protection Bill. While small advances have been made, they do not go far enough. A great deal more could be done regarding family-friendly work practices and politicians should be to fore in promoting such practices. Members have called for them often enough. We encourage women who have been out of the workplace for many years to return but the structures are not provided to enable them to do so effectively. The Government is not giving a lead in providing crèches, which is one of the most basic requirements. Ireland is falling way behind in this regard.

I have concerns about section 9, which deals with the rights of persons with disabilities to have access to employment. Words such as "burden", "disruption" and "detriment" are used in the context of determining whether a person with a disability should be facilitated. The Government's approach to disability is more akin to an accountant's cost-benefit analysis. This is reprehensible, particularly at a time when the Government has published one disability Bill but has persistently delayed publication of another.

An opportunity has been missed in the legislation to prevent discrimination relating to parental, paternity and adoptive leave. Discrimination in this area affects everybody and the Bill should have addressed this. I am also concerned about section 24 under which employers are openly permitted to give a different rate of pay to a disabled person. This is a regressive step and marks a departure from the EU-wide principle of equal pay for equal work, regardless of one's ability. I am absolutely shocked that the Government is taking this route and I ask the Minister of State to clarify this. The Minister may be well intentioned in proposing the section, which lends statutory legitimacy to discrimination and represents an avenue for the exploitation of vulnerable people who, out of fear of losing their jobs, will be reluctant to complain. The section, at the very least, should state a disabled person cannot be paid a wage lower than the minimum wage.

Other issues, which should have been addressed in the legislation, are being ignored. For example, a number of Senators over the past year have raised the issue of discrimination against secretaries in the Oireachtas regarding their pay. A number of secretaries are being paid at a lower rate but this has nothing to do with grading and so on. Secretaries who took up their positions one month after other colleagues are paid a different rate. If people are to be encouraged to work, there should be equality in their workplaces. Those who start work at the same time doing the same job should be paid the same rate. I ask the Minister of State to address this issue. It is an opportune time to raise it because it results from the implementation of the Equal Status Act 2000. The Act removed several points on the age scale and the Department of Finance used this to create the disparity. This could and should be rectified easily. The Minister of State should do what he can to address this issue.

Young people applying for car insurance are unfairly treated and politicians should be proactive in addressing this. The issue has been debated for many years but nothing has been done to reduce insurance premia for young people, who are discriminated against. Our aim is to outlaw discrimination wherever we can. Such discrimination needs to be addressed as well as discrimination against the elderly. There has been much debate in this area over the past few weeks. The elderly and people living in poverty are being discriminated against. Legally, people should not be discriminated against on the basis of their sexual orientation but we know that is not the case. We must stand up against that to ensure there is not discrimination.

I refer to comments made by two senior Deputies in the past week regarding women participating in the Council of Europe. It is unacceptable for any Deputy to speak of women in the way they did. Ireland has not come far in terms of promoting equality if Deputies are saying ladies may not be able to look after themselves when they travel abroad. Such comments are not acceptable and those Deputies should apologise. While I welcome the Bill, I will address a number of its provisions on Committee Stage.