Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 649: To ask the Minister for Justice, Equality and Law Reform if he will expand the scope of the Equal Status Act 2000 to cover the whole range of Government functions and activities including controlling duties in line with the recommendations of the UN Committee on the Elimination of All Forms of Racial Discrimination. [28699/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I do not consider it necessary or appropriate to extend the scope of the Equal Status Act 2000 to ensure protection against discrimination by public authorities. The Government performs its functions subject to the Constitution including Article 40.1 which states that all citizens shall, as human persons, be held equal before the law. By virtue of section 3 of the European Convention on Human Rights Act 2003, every organ of the State is obliged to perform its functions in a manner compatible with the State's obligations under the European Convention on Human Rights, ECHR. Article 14 of the ECHR provides that the enjoyment of the rights and freedoms set forth in the ECHR, such as right to liberty and security, right to a fair trial, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Section 3 of the European Convention on Human Rights Act 2003 goes on to state that a person who has suffered injury, loss or damage as a result of a contravention by any organ of the State may sue for damages in the Circuit or High Court if no remedy in damages is otherwise available.