Chris Andrews (Sinn Fein)
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Late last year, the UN special rapporteur on extreme poverty and human rights wrote to the Government to urge it to recognise socio-economic status as a legal ground for discrimination. Fianna Fáil and Fine Gael have delayed this change for the past decade and refused to support legislation I introduced in the Dáil and Seanad that would finally have included socio-economic disadvantage as a ground of discrimination.

People are being denied jobs or services on the basis of their accent or the community they come from, which is clearly wrong and a form of discrimination. It is long past time for the Government to recognise this for what it is and support legislation that would ban unfair discrimination against working class communities. Inner city communities, in particular, face social stigmas in the workplace, in job interviews and while dealing with State institutions. Their struggles cannot continue to be swept under the carpet. This is a systemic issue that dates back generations for many people living in flat complexes who report high levels of generational and present day social exclusion and discrimination that is directly and indirectly due to their socio-economic background. In many ways, they are treated as second-class citizens simply because of where they come from or how they speak and are perceived. Low socio-economic status defines them as people.

Ireland is a country with significant inequality and inflexible social strata, copper-fastened by socio-economic disadvantage and how people's opportunities are constrained by the prejudice of others. If we are serious about equality and allowing people the opportunity to succeed, we must ensure that socio-economic disadvantage does not prevent someone from bettering themselves and improving their community. This is an issue that has been left on the back-burner for far too long. Communities need action and equality in practice, not just in theory. I would be grateful if the Minister of State could provide an update on this equality legislation and if people from disadvantaged communities who face discrimination every day can expect the Government to finally recognise their lived reality.

Jerry Buttimer (Cork South-Central, Fine Gael)
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I thank Senator Andrews for raising this important matter. The Minister would like to thank him for raising the matter in the Seanad.

I fully subscribe to his point that there is no place for discrimination in any shape or form in our society, in particular on the basis of disadvantage or socio-economic status. That should be unacceptable in our country today. However, it is fully recognised that despite the great progress we have made on many social issues, people in Ireland can often, as the Senator outlined, face barriers on the basis of their background. That is wrong. The Employment Equality Acts and Equal Status Act prohibit discrimination on specific grounds. Under these Acts, discrimination occurs where one person is treated less favourably than another in a comparable situation because they differ under any of the following grounds: age; civil status; disability; family status; gender; housing; assistance payment; membership of the Travelling community; race; religion; and sexual orientation.

The previous programme for Government included a commitment to introduce a new ground of socio-economic discrimination in equality legislation. In November 2024, the Government approved in principle the introduction of such a ground as part of the wider reform of the Employment Equality Acts and Equal Status Act. The planned reforms included in the general scheme and heads of the Bill of the Equality (Miscellaneous Provisions) Bill aim to improve the effectiveness of the Acts in combating discrimination and promoting equality for all. The general scheme underwent pre-legislative scrutiny by the Oireachtas Joint Committee on Children and Equality last year. The recommendations of the committee, including those related to the introduction of this new ground, are now being examined by departmental officials and the drafting of the Bill is under way.

The approval in principle of the introduction of a new equality ground is subject to the completion of an assessment of the potential cost to the Exchequer and an enhanced SME test to examine the potential impact on SMEs of the introduction of such an equality ground. Officials in the Department of Children, Disability and Equality are working to carry out these assessments while work continues on the rest of the Bill. It is important to outline to the House that this issue is examined thoroughly and the potential costs and proposed wording are carefully considered to ensure there are no unintended consequences.

A significant challenge in introducing a new protected ground in Ireland's equality legislation is 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. Past attempts to legislate in this area have been held back by difficulties in defining terms such as "socio-economic status" or "disadvantaged socio-economic status" with the degree of clarity and lack of ambiguity necessary for the Statute Book.

It is vital that the definition of a new ground can be legally robust and well-understood by service providers and employers. Extensive work has been carried out by officials in the Department to scope, deliver and develop policy on what a new equality ground should encompass. This ongoing work is intended to ensure that a proposal can be brought forward that gives everyone clarity as to their rights and obligations under the laws. The intention is that a memorandum would be brought to Government setting out the outcome of the test and the recommendations of the pre-legislative scrutiny process and putting forward options regarding the possible introduction of an equality ground based on socio-economic status.

I share the view of Deputy Andrews. It is important that we give people clarity and certainty and end discrimination, because it does exist in some cases. I know people who feel like that. I fully agree with the remarks of the Senator.

Chris Andrews (Sinn Fein)
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When will the memorandum be brought to Government? It really is urgent. There are any number of reports, studies and definitions and any amount of research but the time for research, studies and definitions is long past. The Government knows what needs to be done and it needs to do it. We have a situation where discrimination on grounds of race, religion and gender, among others, has been made illegal, which is very welcome, but we need to ensure discrimination on socio-economic grounds is introduced as a matter of urgency. The Government cannot kick the can down the road. They know it is there, as the Minister of State said. There needs to be urgency and we need action now.

Jerry Buttimer (Cork South-Central, Fine Gael)
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I again thank Senator Andrews for raising the matter. To be fair, I do not have a timeline for him in terms of the Government's amending legislation. It is important that the issue is examined thoroughly. I am not saying this to kick the can down further because there are potential costs. There is also a proposed wording. As I said in my reply, there must be no unintended consequence and clarity and certainty need to be given. It is also important to recognise the Government is considering recommendations of the report based on the pre-legislative scrutiny, which was important.

All of us want to see discrimination on the basis of disadvantage removed. It is unacceptable. To pose a question to Senator Andrews, as two people committed to this, will the introduction of a socio-economic ground root out the causes of disadvantage in itself? It may not but it would be an important step in tackling discrimination and encouraging change. We need to continue the work. We need to have advocacy and conversations such as the one we are having this morning because it is real. I am a former teacher. I meet past pupils and people every day who tell me that because of the location they come from they feel they are not getting a fair chance. That is not right in a world where we should all be treated equally. I look forward to working with Senator Andrews on ensuring we end that discrimination.