Willie O'Dea (Limerick East, Fianna Fail)

The purpose of Part VI of the Employment Equality Act 1998 is to provide guidance to employers, particularly large enterprises, in taking a proactive approach to implementing equality legislation in the workplace. Section 69 gives the Equality Authority particular powers, at its discretion, to invite a particular business or business group or sector to carry out an equality review or to prepare and implement an equality action plan.

The Equality Authority may, if it thinks it appropriate, carry out an equality review and prepare an equality action plan regarding large employers — defined as those who employ more than 50 employees — a particular business or sector. The authority has specific enforcement powers with respect to such equality reviews and action plans. The directives do not require the imposition of a duty on employers to prepare equality action plans. There is no intention in section 69 to coerce all employers to prepare equality action plans. This amendment would appear to have such an effect, unfortunately. It would undercut any legitimate defence an employer might have in answering employment discrimination charges before the Equality Tribunal.