Written answers
Tuesday, 7 November 2006
Department of Justice, Equality and Law Reform
Anti-Racism Measures
8:00 pm
Eamon Ryan (Dublin South, Green Party)
Link to this: Individually | In context
Question 180: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on the fact that racial discrimination claims by migrant workers have more than doubled in the first half of 2006. [31656/06]
Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context
I take it that the Deputy is referring to the cases before the Equality Tribunal. The Equality Tribunal is the impartial forum to hear or mediate complaints of alleged discrimination under equality legislation. It is independent and quasi-judicial and its decisions and mediated settlements are legally binding. The equality legislation prohibits discrimination on 9 grounds — gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.
For the period January to June, 2006, the number of cases referred to the Equality Tribunal under the Employment Equality Acts 1998-2004, on the race ground alone, was 64 involving 105 individuals. There were 6 decisions issued by the Equality Tribunal and of these one was upheld in favour of the complainant. The figures for previous years are set out below:
Decisions of the Equality Tribunal (ET) on Race Ground under Employment Equality Acts 1998-2004 | |||
Year | Referrals to ET | Decisions issued | Decisions upheld for complainant |
2005 | 82 cases; 105 individuals | 11 | 3 |
2004 | 51 cases; 71 individuals | 11 | 3 |
2003 | 35 cases; 85 individuals | 9 | 0 |
2002 | 30 cases; 43 individuals | 2 | 0 |
While there is a rise in 'cases' on the race ground taken to the Equality Tribunal, this is more likely to reflect the huge growth in the numbers of workers from abroad who are now in the workforce rather than any increase in intolerance in the workplace. It should also be borne in mind that these figures refer to 'cases' and not to 'decisions'.
I would also like to draw the Deputy's attention to the increased awareness of the needs of the intercultural workplace and the renewed emphasis on the enforcement of employment protections so as to tackle workplace discrimination and exploitation. The Equality Authority, with the support of the social partners and the National Action Plan Against Racism, organises Anti-Racist Workplace Week which is taking place this week. This will be the eight year of operation. The aim of the week is to raise awareness in organisations of the need to combat racism and promote support for the accommodation of diversity in the workplace.
Towards 2016, the Ten Year Framework Social Partnership Agreement 2006-2015, while recognising the broad level of compliance with employment rights across the economy generally, includes a commitment between the parties to securing enhanced compliance with legal requirements, underpinned by adequate enforcement. It was agreed, in particular, that an effective employment rights compliance system should be put in place. The parties to Towards 2016 have agreed a major package of measures with these aims in mind. The package makes provision for the establishment of a new statutory Office of the Director for Employment Rights Compliance (ODERC) under the aegis of the Department of Enterprise, Trade and Employment, led by a Director at top management level.
The number of Labour Inspectors under this Office will be progressively increased from 31 to 90 by end-2007, as part of an initiative to increase the staffing resources of the Employment Rights Bodies generally. In addition, the new Office will be provided with legal, accounting and other administrative support to ensure its effective functioning.
The necessary legislation to establish the new Office will be published during 2007. In the meantime, the ODERC and its Advisory Board will be established on an interim basis.
No comments