Norma Foley (Kerry, Fianna Fail)

Go raibh maith agaibh as ucht an t-am agus an deis seo a thabhairt dom.

I thank the Sinn Féin Senators who have brought forward the Bill. I sincerely appreciate their motivation and intention here. When listening to the contributions across the House, I can tell there is a very keen understanding from Senators of the impact of socioeconomic discrimination on some of the most vulnerable people within our society. That is also the understanding of the Government

It is fully recognised here today that, despite the great progress we have made on many social issues, individuals in Ireland can still often face barriers on the basis of their backgrounds. The Society of Saint Vincent de Paul reports that experiences of postcode discrimination is also common among the people it assists. Senator Tully has referenced that as well. This could mean not being able to access a public service or employment due to your geographical location, or being refused services such as insurance because of living in a poorer, or what is perceived to be a poorer, neighbourhood. That is something we need to tackle. As someone with a background in education, I will always appreciate the importance of people being given equal opportunities. It can be life-changing for them. We have to make sure every child - every person - in every part of this country can show their talent and showcase their ability and do so equally.

Nelson Mandela, a leader who did so much in his life to advance, equality of opportunity for the people of South Africa, once remarked, “I am influenced more than ever before by the conviction that social equality is the only basis of human happiness.” I know the Senators are all involved in advancing a whole variety of aspects of equality through their work in this Chamber and beyond. I want to mention briefly in his absence Senator Victor Boyhan, who organised a screening of a film “We Will Not Sit Down and Be Quiet” in the audiovisual room in Leinster House yesterday to highlight the rights of people with disabilities which was an important showcase. I thank the Senator for that.

The previous programme for Government included a commitment to introducing a new ground of socioeconomic discrimination into our equality legislation and, in November 2024, the Government approved in principle the introduction of a new equality ground of socioeconomic disadvantage in the equality legislation. The Government is anxious to progress this work and officials are working on carrying out the necessary assessment of the potential costs for the Exchequer and the potential impact on small and medium enterprises of such a move.

The most significant challenge in introducing a new ground for discrimination into the equality Acts is in ensuring that it can be understood by everyone. The public and businesses, small and large, need to be clear on what the ground is and what it covers. As the Senators will be aware, the proposed introduction of this ground has been the subject of a number of previous Private Member’s Bills, which have been referenced. Past attempts to legislate in this area have been held back by difficulties in defining terms such as "socioeconomic status" or "disadvantaged socioeconomic status" with the degree of absolute clarity and lack of ambiguity necessary for the Statute Book.I recognise that a lot of thought and work was put into drafting the definition in the Bill. It is appreciated that this was not an easy task. The work has been of great assistance to officials in the Department of equality in their ongoing consideration of this important issue. I acknowledge that.

The definition of "socioeconomic disadvantage" in this Bill is where a person or group suffers from disadvantage resulting from one or more of the following criteria: poverty, source of income, illiteracy, level of education, address, type of housing or homelessness, employment status, social or regional accent, or any other similar circumstance. In July 2023, a report was published under my predecessor on submissions received as part of a consultation on Ireland's equality legislation. Of the submissions concerned with the potential introduction of a socioeconomic equality ground, the vast majority were supportive. However, not all submissions welcomed the proposal. Significant concerns were raised about the potential for such a ground to give rise to unintended consequences and have significant implications for employers and employees.

Extensive work has been carried out by officials in the Department to scope and develop policy on what a new ground should and could encompass. This ongoing work is intended to ensure we can bring forward a proposal that gives absolute clarity as to everyone's rights and obligations under the law. There is a long-standing Government policy, known as the SME test, of checking the impact of any new measures that will directly or indirectly impact on small and medium-sized enterprises. This is in recognition of the importance to our economy of the more than 300,000 SMEs that employ in excess of 1.1 million people. Officials are currently engaging with key business organisations to seek their views on the potential impact on SMEs of this proposal.

Once that work is completed, I intend to bring forward a legislative proposal as part of the wider legislation arising out of the Department's review of the equality Acts. That review has already led to a general scheme and heads of Bill, which were approved by the Government in November last year. The equality and family leave (miscellaneous provisions) Bill has been given priority for drafting by the Government, and I intend to refer the general scheme shortly to the newly formed Joint Committee on Children and Equality for pre-legislative scrutiny. The planned reforms included in the general scheme aim to improve the effectiveness of the equality Acts in combating discrimination and promoting equality for all.

While the Bill under consideration today is in line with Government policy in this area, it is crucial the potential costs and, equally, the proposed wording are carefully considered to ensure there are no unintended consequences. The purpose of the amendment to the motion is to allow time for the Government to complete work on the proposals. It is vital this happens to ensure we can stand over any proposal and be absolutely confident it is fully tested.

Discrimination on the basis of disadvantaged socioeconomic status should be unacceptable in today's Ireland. As I referenced earlier, links between poverty and discrimination are well documented and discrimination on the basis of socioeconomic status has been frequently raised as an issue by individuals and organisations working in the field of equality law. The Government is committed to addressing poverty and social exclusion. Introduction of a socioeconomic ground will not address many of the root causes of disadvantage on its own. When combined with social inclusion measures, however, it can be one important step in tackling the discrimination faced by very marginalised members of our society and can encourage change.

It is always good to remind ourselves in these Houses of the stirring words of the 1916 Proclamation:

The Republic guarantees religious and civil liberty, equal rights and equal opportunities to all its citizens, and declares its resolve to pursue the happiness and prosperity of the whole nation and of all its parts, cherishing all the children of the nation equally...

Historians such as Diarmaid Ferriter have rightly pointed out that the reference to cherishing all of the children equally was intended to reassure the Protestant minority of their place in the new republic. However, those words have been taken as inspiration ever since for the need to do better and be better for our children and our people. I welcome the opportunity to work with Senators on these proposals. I recognise that, despite the great progress we have made, many social issues and barriers remain for individuals in Ireland. We must do more to support them. We all share a common objective to protect all people living in Ireland from discrimination in their daily lives.