Joanna Tuffy (Labour)

I move amendment No. 19:

In page 18, before section 26, to insert the following new section:

26.—Section 69 of the Act of 1998 is amended by the addition of the following subsection after subsection (6)—

'(6A) Where an employer fails to have an equality action plan (irrespective of whether he or she had been required pursuant to this section to have such a plan) it shall be presumed until the contrary is shown in any proceedings under this Act that the employer has failed to take such steps as are reasonable to protect the employees of such an employer from discrimination."'.

This amendment requires the employer to take positive action to ensure there is no discrimination against an employee on particular grounds. On Second Stage, I mentioned that we need to consider protecting employees against racism in the workplace, particularly because we are employing more non-nationals under different schemes and by way of work permits, for example. These employees need to be protected, possibly in the same way in which we have tried to protect employees or potential employees with disabilities. The amendment obviously applies to grounds other than racism.

I am interested in hearing the Minister of State's response. I am tabling this amendment as a suggestion and I am not really sure it would be the correct way to go forward. I realise it might cause problems or put a lot of pressure on the employer. However, if as a solicitor, I were representing any side of a case involving somebody who was the victim of racism in the workplace, I would always inquire into the code of practice in the place of work and into what steps were taken to avoid racism therein. This arises in some cases, such as the one involving CIE, and therefore there is a need to ensure racism and other kinds of discrimination do not occur. Everybody should know where he stands and there should be no grey area into which people could slip. This is the thinking behind my amendment.

I mentioned on Second Stage that the Equality Authority stated complaints of racism are the fourth most frequent type of complaint it receives. Maybe more proactive provision needs to be included in the legislation, similar to that dealing with disability. This might be one way of doing it or maybe there are other ways — I do not know. I would like to hear the Minster of State's response to this. Has he any plans in this regard?