Alice-Mary Higgins (Independent) | Oireachtas source

My amendment No. 38 is grouped with this. I urge the Minister to consider engaging with this amendment on Report Stage. We have mentioned, and I welcome, the fact that he has increased the range of power from the Circuit Court to the High Court in respect of the Irish Human Rights and Equality Commission. However, while compliance and the consequence for non-compliance, which is the Irish Human Rights and Equality Commission going to the High Court to seek a compliance order, both come under section 20A, my concern is about what happens next. The Minister mentioned contempt of court but the latter is not a tool designed in this sense. I do not know that having solely a contempt-of-court provision is the most appropriate next step if a company decides not to comply with a compliance order. What is the next level in terms of penalties? It might be very useful if, between now and Report Stage, the Minister was able to set out the flow of hypothetical cases and how they will move through this process or system. Whatever about the attachment of penalties - financial or otherwise - to situations of non-compliance with section 20A, even if we yield to the idea that the role of IHREC is sufficient at that stage, amendment No. 38 addresses the scenario whereby the commission has exercised its powers, taken a matter to the Circuit Court or the High Court and obtained a compliance order but a company still does not comply. At that point, it is important.

I recognise that amendment No. 27 only deals with the Circuit Court and not the High Court, which is a technical matter that could be addressed on Report Stage in Senator Warfield's amendment, a version of which I may reserve the right to bring myself. I have suggested financial penalties. A formal category A offence or class A fine may be a better mechanism rather than my suggestion of regulations with financial penalties. I am very open to rewording this. However, we should bear in mind that this is a situation where it has already gone through such reputational damages it may get by going through the Circuit Court or the High Court and the company has decided it does not care. This does not have the danger mentioned by the Minister whereby the company may just pay a fine and absorb the cost and not mind. This is a situation where the company has already had that other penalty of being brought through the courts and it would be useful for the company in addition to be required a fine at that point if it continues to fail to comply. I hope the Minister might consider this between now and Report Stage.

Amendment No. 39 is a Government amendment, which signals that this Bill will be going back to the Dáil in any event. There is no reason, therefore, not to include a sensible and useful provision that would allow for a penalty following failure to comply with a compliance order.