Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context

Question 46: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to the NYCI's demand for legislation to ensure that the Equal Status Act 2000 is extended to include persons under the age of 18 years; and if he will produce such legislation. [41981/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I presume the Deputy is referring to a recommendation in a report entitled "Inequality and the Stereotyping of Young People", published by the National Youth Council of Ireland and the Equality Authority.

I do not agree that there is an urgent need to extend the provisions of the Equal Status Acts on the age ground to people under eighteen. The reason for excluding under 18s from claiming discrimination on the age ground is that 18 is a standard cut-off for access to many services, e.g. it is the age of majority, the age at which contractual commitments are fully enforceable, the age for sale of drink, access to certain films etc. It would be impractical to extend the age ground to under 18s as this would necessitate the provision of an extraordinary number of exemptions within the legislation and would entail a revisiting of virtually every area of the Equal Status Act. It would also mean that, in principle, it would no longer be permissible to give any preference (such as a reduced price) to young people.

Under Section 3(3) of the Equal Status Act 2000 a person who is less than 18 cannot bring a claim of discrimination on the age ground. Equally, a person who is 18 or over cannot bring a claim of discrimination on the age ground which is based on a comparison with a person aged less than 18 (for example, an adult cannot seek children's fare on a bus).

I would emphasise, however, that the Act does apply to discrimination against under 18s based on the other eight grounds. It is, therefore, possible for a young person to bring a claim of discrimination based on race, gender, sexual orientation, membership of the Traveller community etc. It is not correct to say that the Act excludes young people.

The Government has amended the Equal Status Act twice to make changes in the way it impacts on young people. It clarified the law in relation to the regulation of access to licensed premises by persons under 18 years of age and the conditions under which it is permissible to set an age limit for the purchase of liquor higher than 18 years. The Government also amended the Equal Status Act to apply it to discrimination on the age ground in the provision of motor vehicle insurance to drivers under 18 years of age.

The Government has shown that it is prepared to consider well founded proposals for changes to Equality Legislation. However a general application of the age ground to persons under 18 would not be practical or appropriate.

Arthur Morgan (Louth, Sinn Fein)
Link to this: Individually | In context

Question 47: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when his Department will publish on the website the submissions or summaries of the submissions received in 2005 as part of the consultation on the Immigration and Residence Bill; if submissions have been or will be requested; if a public consultation process will be initiated in relation to the heads of the current proposed Bill; and if he will make a statement on the matter. [42049/06]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

I wish to advise the Deputy that I have no plans at present to publish the submissions received to my discussion document — "Immigration and Residence in Ireland — Outline Policy Proposals for an Immigration and Residence Bill".

Over 120 individuals and organisations made submissions during the initial public consultation process prior to publication of the Scheme of the Immigration, Residence and Protection Bill. When I published the Scheme of the Bill on 6 September 2006, I indicated that further suggestions and comments would be welcomed and I advised of a dedicated email address (immigrationbill@justice.ie); for any such input. My Department also made contact with those who made the original submissions to notify them of this opportunity. A number of submissions have been received since then and I welcome this continued engagement with the legislative process.