Seanad debates

Wednesday, 18 February 2004

Equality Bill 2004: Committee Stage.

 

1:00 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

I move amendment No. 15:

In page 17, line 39, to delete "ground" and substitute "marital status, family status, disability, sexual orientation, age or membership of the traveller community grounds".

This amendment seeks to make doubly sure that we do not simply use the gender ground in regard to such circumstances. I will deal with amendment No. 16 first. It is a belt and braces type amendment. It proposes inserting the words "legitimate" and "justified" to provide that the characteristic referred to constitutes a genuine, legitimate, justified and determining occupational requirement. It seeks to raise the burden of proof to make doubly sure in regard to the provision.

In terms of the characteristic related to the discriminatory grounds, that should extend to all the grounds, not only the gender ground. There is no major case to provide that it should be simply restricted to the gender ground. I ask the Minister of State to consider that point.

The other amendment simply provides for inserting additional words to give extra comfort on the issue. I do not believe it should cause the Minister of State too much difficulty. He might argue that it is tautologous and repetitive but the additional words proposed mean something different — they are quite simple words. The first of the two amendments is the fundamental one, which the Minister of State might have more difficulty accepting. I would like to hear his views on them.

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