Willie O'Dea (Limerick East, Fianna Fail)

As I understand it, this section seeks to allow for direct provision, which is the system we operate, of accommodation and assistance to persons who have applied for asylum status and are awaiting decisions. The section does not permit discrimination in the provision of goods and services to anyone in the State on the basis of race or nationality. However, section 47 clarifies that any decision taken in the context of asylum and immigration applications is not open to challenge under the Equal Status Act 2000. This is implicit in the existing Act because permitting entry to and residence in the State is not a service within the meaning of the Act. Moreover, treating persons differently on the basis of their legal status — that is, distinguishing between those lawfully and unlawfully resident in the State and those seeking asylum and those granted it — does not constitute discrimination on the grounds of race or nationality.

I draw the attention of Senators to article 3 of the race directive which states that the directive does not cover differences of treatment based on nationality and is without prejudice to provisions and conditions relating to the entry into and residence of third country nationals and stateless persons on the territory of member states and to any treatment which arises from the legal status of the third country nationals and stateless persons concerned. In the Equal Status Act, discrimination on grounds of nationality is outlawed which goes beyond the requirements of the race directive.

Senator Henry proposes the deletion of the phrase "or made otherwise by a public authority". I cannot accept the amendment as to do so would cast doubt on the exemption for non-statutory schemes governing non-nationals, including schemes of direct provision for asylum seekers. I do not accept Senator Henry's second proposal to remove from the definition of "public authority" paragraphs (i) and (j) referencing companies. To ensure the exclusion is all encompassing and as the definition of "public authority" used in the Bill is similar to the definition used in the Waste Management Act 1996 and the National Cultural Institutions Act 1997, I do not propose to accept the amendment.