Kathleen Lynch (Cork North Central, Labour)

I thank the Senator for raising this issue. Before dealing with the substantive point raised by him, I will outline some of the background to the Equality Tribunal and the legislation under which it operates. I am taking this Adjournment debate on behalf of the Minister for Justice and Equality, Deputy alan Shatter, who is unable to be present. I will pass on to him the points made by the Senator.

The Equal Status Acts prohibit discrimination in the provision of goods and services, the disposal of property and access to education on any of nine grounds. The Acts outlaw discrimination in all services generally available to the public, whether provided by the State or the private sector. These include facilities for refreshment, entertainment, banking, insurance, granting credit facilities, transport and travel services. Discrimination in the disposal of premises, the provision of accommodation, admission or access to education courses or establishments is also prohibited, subject to some exemptions. Under the Equal Status Acts 2000 to 2008, the Equality Tribunal deals with complaints of discrimination based on nine grounds, namely, gender; civil status; family status, including pregnancy; age; disability; race, including nationality; colour or ethnic-national origin; religion or belief; sexual orientation; or membership of the Traveller community.

The Equality Tribunal is an impartial, independent body, set up to investigate and decide or mediate cases brought under the equality legislation. Its decisions and mediated agreements are legally binding and it has extensive powers. The tribunal is a quasi-judicial body, in that it does not have to decide cases on court procedures and can follow relatively accessible and informal procedures. It is, however, bound by the principles of natural justice, which means that it must act impartially in considering complaints before it and must ensure fairness for both parties in its procedures. The service is free and parties are not required to have legal or other representation.

Complaints in respect of registered clubs and premises may only be referred to the District Court and may no longer be referred to the Equality Tribunal. Any person who believes he or she has experienced discrimination by a service provider which is contrary to the Equal Status Acts may seek redress by making a complaint to the tribunal. Before referring a complaint to the tribunal, a complainant must first notify the service provider and has the right to ask for information in that notification. The notification must be in writing and sent within two months of the incident complained of, or, in the case of repeated incidents, the most recent one, stating the nature of the allegation and the intention to seek redress under the Equal Status Acts, if the complainant is not satisfied with the service provider's response. The service provider is not obliged to reply, but the Acts state the tribunal may draw such inferences as seem appropriate if the service provider does not reply or provides a false, misleading or unhelpful reply.

Any person who believes he or she has experienced discrimination which is contrary to the Equal Status Acts may, after notifying the service provider, seek redress by referring a complaint to the Equality Tribunal. The Acts provide that a claim may not be referred to the tribunal after six months from the date when the discrimination or victimisation occurred, or, in the case of a repeated act, last occurred, unless the complainant applies for an extension of time. If the delay was caused by the respondent misrepresenting the facts to the complainant, the time limit runs from the date when the complainant discovered the misrepresentation.

I turn to the substantive point raised by the Senator. The position is that section 22 of the Acts allows the tribunal to dismiss a complaint without a hearing at any stageif, in the opinion of the director or an equality officer, it has been made in bad faith or is frivolous, vexatious, misconceived or relates to a trivial matter. This provision is robust enough to ensure any attempts to abuse the legislation can be stopped as soon as such abuse becomes apparent. I cannot comment, nor can the Minister for Justice and Equality, on individual cases. I can, however, inform the Senator that the Minister has been informed by the director of the Equality Tribunal that the tribunal exercises this power, as required. Moreover, if a complainant does not pursue a complaint lodged, the director may dismiss the complaint after one year for non-pursuit. Once a complaint goes to hearing, an equality officer will dismiss a complaint if the complainant fails to establish a prima facie case. It is important to note that the failure to establish a prima facie case does not mean that the complaint was made in bad faith, was frivolous, vexatious or misconceived.

The director of the Equality Tribunal has further informed the Minister that the number of cases lodged under the Equal Status Acts has fallen significantly in recent years. The backlog of outstanding cases has been reduced. All cases which were lodged in 2010 and which have not been settled at mediation or withdrawn have now been assigned to equality officers for investigation and decision. The number of claims made under the Acts is not a particular burden on the tribunal.

If the Senator raises individual cases, I will be happy to ask the Minister and the Department of Justice and Equality to pass on the points raised to the Equality Tribunal. What the Minister and I cannot do, given the statutory independence of the director and the quasi-judicial role of the tribunal, is comment on individual cases or involve ourselves in any way in making inquiries about the process or the basis of individual cases. I again thank the Senator for raising the matter.