Willie O'Dea (Limerick East, Fianna Fail)

Senator Tuffy made a compelling case on Committee Stage and I agreed to examine this amendment. Having done so, my view has not changed. I was delighted at the terms of the directive because I knew it would compel national governments, including this Government, to extend the ambit of these protections to people in what is loosely termed "domestic service". We have agreed to exclude that protection in certain cases but it is of paramount importance that the exclusion is as narrow as possible. For too long those people have remained unprotected. I understand Senator Tuffy's point of view but we must agree to differ. As indicated on Committee Stage the removal in amendment No. 14 of the section in brackets in lines 26 and 27, "(other than a separate and self-contained part)", which is the basis of the amendment, would make the proposed exemption too broad and exclude from the provisions of the Equal Status Act the letting of separate or self-contained accommodation in the owner's home, such as bed and breakfast accommodation or a self-contained apartment in a house. The race directive does not provide for any exemptions in the accommodation area. In particular, it does not as such exempt the letting of accommodation in the provider's home. The race directive provides in recital four that it is important in the context of the access to and provision of goods and services, to respect the protection of private and family life and transactions carried out in that context.

The protection of private and family life is a fundamental right covered by Article 8 of the European Convention on Human Rights. It is important that the rights to non-discrimination be applied with due respect to the protection of private and family life. The Government proposal is therefore to provide a very narrow exemption excluding the provision of accommodation by a person in a part other than a separate and self-contained part of the person's home where the provision of the accommodation affects the person's private life or that of any other person residing in the home. As already indicated, the aim is to protect the privacy of persons in accommodation-sharing arrangements. It is not the intention to exclude from the Equal Status Act the letting of, for example, a self-contained apartment in the owner's home or bed and breakfast accommodation. To do so would be contrary to the race directive. If amendments Nos. 14 and 15 are taken together, the relevant subsection would state:

. . .the provision of accommodation by a person in a part (other than a separate and self-contained part) of the person's home, where the provision of the accommodation affects the person's private or family life or that of any other person residing in the home, or in a part of the person's home to a person providing personal services (within the meaning of the Employment Equality Act 1998) to the first-mentioned person.

The effect of the addition of the phrase "or in a part of the person's home to a person providing personal services (within the meaning of the Employment Equality Act 1998) to the first-mentioned person" would mean that persons would not be protected by the Equal Status Act who were employed in a private home with provided living accommodation. I know this was not the intention of Senator Tuffy's amendment. However, I am advised that would be its effect.