Seanad debates

Wednesday, 4 February 2004

Equality Bill 2004: Second Stage.

 

4:00 pm

Photo of James BannonJames Bannon (Fine Gael)

I welcome the Minister of State. This Bill, which amends the Employment Equality Act 1998 and the Equal Status Act 2000, which in turn amended the 1998 Act, is in line with the need to keep equality legislation under constant review. It is regrettable that it took pressure from the EU to bring forward the legislation. There is much in the legislation that I welcome.

The current law as it pertains to the prior Acts is too weak and needs to be strengthened and upgraded. It is important that we, as legislators, address the many areas of discrimination highlighted in statements, reports and so on of those who have been marginalised over the years, as a matter of urgency. We are on the hind tit with regard to reform in Europe. It is an issue that needs to be addressed and revisited time and again.

In the 16 years since the introduction of the Employment Equality Act and the Equal Status Act which followed, the countrywide profile of our citizenship has changed considerably. We need even more radical changes to Acts, laws and so on, that discriminate against persons on grounds of gender, disability, age, sexual orientation, race or religion. All citizens deserve the right of citizenship and I am fully committed to ensuring all our citizens have equal rights. Any legislation has to incorporate the necessary legislative change and support for initiatives needed within society to bring an end to discrimination and ignorance.

Discrimination inevitably leads to less favourable treatment. Issues regarding incitement to hatred must be looked at as an absolute priority. Equality and acceptance of difference are the key factors that must be addressed if we are to establish the grounds for a multi-ethnic society. It is important that all involved in political parties in local and national government should work to eliminate all remaining areas of discrimination against any of our citizens, with equal immigration and citizenship rights being given to partners of current citizens. The partners of those who came from the Philippines to work in some our hospitals were debarred from coming into this country. This is an area that should be examined. They did not have the same rights as those coming to work here.

Segregation and lack of equality undermines the benefits that could pertain to a multi-ethnic community. Diversity of culture, language, beliefs, values and practices must be recognised and supported. From speaking to my colleagues in city constituencies I am aware of the representations they have received on discrimination and the number of times they have met with stone walls and barriers in dealing with the Department of Justice, Equality and Law Reform and other Departments, in their representations on behalf of constituents.

Recent research has shown that managers of small and medium enterprises have only a scant idea of their duties and obligations under equality legislation. Some even express fear and uncertainty about how to comply with such legislation. There is a need for training in this area. Concerns have also been expressed about the cost of equality and the potential tensions, disruption and discontent in the workplace.

In terms of legislators, Ireland has among the lowest percentage of women in national parliaments in Europe. The figure of 14% is far removed from the UN target of 30% or 32%. Unfortunately, Ireland has an embarrassing record on gender equality in public life. As recently as two months ago there were posters and hoardings around the Seanad and the other House highlighting this record.

The UNIFEM report published last May shows that sub-Saharan African states such as Uganda and Mozambique have a much higher female representation in their national parliaments than Ireland.

Although introduced in 1977 the 3% quota of public service jobs reserved for people with disabilities has now been achieved for the first time in the Civil Service. It has not, however, been achieved across the board in the public service. The abilities of people with disabilities and their potential contribution to the economic and social development of this country have not yet been fully recognised.

Disability groups, which have consistently campaigned for rights based legislation which should be enforceable in the courts, are justifiably disgusted by the proposed disability Bill which will not legally oblige the State to provide extra services for the disabled. Services will be offered if resource constraints permit, which is shameful. Once again, the Government is showing its priorities as being Exchequer driven and the weakest in our society are paying for the Government's broken promises and financial ineptitude. Where is the equality in this regard?

We must assist in the removal of all remaining forms of discrimination in the areas of employment, tax and inheritance law. There should be no bars to any partnership arrangement receiving concessions from employers in regard to taxation rights, benefits and pension rights on the same basis as married couples. This should also be the case with the inheritance of property. As legislators, we must assist in the removal of all remaining forms of discrimination in the areas of civil rights, employment, education and leisure pursuits. Anything less is a derogation of our legislative and humanitarian duties and responsibilities.

The Minister should revisit this issue from time to time. Nothing in society is permanent except change and it is important we do not lag behind the rest of Europe on equality legislation. Real action should be taken in order that we do not have to wait for the EU to push us on issues such as equality.

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