Gay Mitchell (Dublin South Central, Fine Gael)
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Question 367: To ask the Minister for Justice, Equality and Law Reform if he will consider the case of a person (details supplied); and if he will make a statement on the matter. [17858/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Deputy will appreciate that it would not be appropriate for me, in the light of the independent role of the director of the Equality Tribunal in investigating or mediating complaints, to comment on any individual case, other than to indicate the following.

Since October 2000 direct and indirect discrimination in the provision of goods and services is prohibited under the Equal Status Act 2000 on nine grounds, including the grounds of race, which includes colour, nationality, national or ethnic origin. The Act covers all goods and services which are available to the public, whether on payment or not. "Services" are defined broadly to include access to public places, banking and insurance services, entertainment, travel, transport, professional services, education, disposal of premises and provision of accommodation and private registered clubs.

Under equality legislation, there are two independent bodies with statutory roles: the Equality Authority and the Equality Tribunal. The Equality Authority, which has the role of working towards the elimination of discrimination, provides information and advice to any person who feels that he or she has been discriminated against on any of the grounds covered in the equality legislation, whether in an employment or non-employment area.

A person who claims that he or she has been discriminated against in the non-employment area may seek redress by referring the case to the Equality Tribunal. The director of the Equality Tribunal has the power under the Equal Status Act to refer the case for mediation or to investigate and decide such a case. If the director finds in favour of the complainant, she may make an order for compensation for the effects of discrimination and-or order a specific course of action to be taken.

Complaints of discrimination are considered, in the first instance, by the Equality Tribunal. Once a case has been determined by the director, the complainant or respondent involved may appeal against the decision to the Circuit Court.

The Equality Tribunal has neither the power nor the resources to pay expenses to claimants. However, the Equality Authority, at its discretion, may assist a claimant where an important point of principle is at issue or where it would not be reasonable to expect the claimant to present his or her case without assistance.

The Equality Tribunal is committed to the provision of a timely service and has worked consistently towards the achievement of this goal. With the levelling out of referral numbers following the establishment period and the development of a body of case law under the Acts, considerable improvements have been made. For example, the number of decisions given under the Equal Status Act in 2004 compared with 2003 has increased by 31%.