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

Question 271: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he plans to amend equality legislation to prevent discrimination on grounds (details supplied). [8556/07]

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

The Employment Equality Acts 1998 and 2004 and the Equal Status Acts, 2000 to 2004 prohibit direct and indirect discrimination in the area of employment and in the provision of goods and services respectively, on nine grounds. These grounds are gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community.

The Employment Equality Act 1998, as amended by the Equality Act 2004, deals comprehensively with all areas relevant to employment, including access to employment, conditions of employment, remuneration, promotion and vocational training. This Act provides for a review of its operation with a view to assessing whether there is need to add to the discriminatory grounds set out in the Act.

This review commenced in 2001 and included a Round Table conference involving the social partners, relevant Government Departments, the Equality Authority, the Equality Tribunal and the Labour Court. It was argued by some interest groups that the Employment Equality Act should be amended to include the following new grounds socio-economic status (including social origin), trade union membership, criminal conviction/ex-prisoner/ex-offender and political opinion. It was also acknowledged, however, that the legislation, which has led to new challenges for enforcement bodies, employers and Government, is relatively new and that the practical implications of extending its scope to include the proposed new grounds would require detailed examination and debate. As part of the process UCC Law Department was commissioned to carry out a comparative review of the international experience of employment legislation prohibiting discrimination on some of the grounds suggested. Following completion of this review Government has decided not to add to the existing nine grounds contained in the Employment Equality Act.

The Equal Status Act 2000 also provides for a review of its operation to assess whether there is need to add to the discriminatory grounds covered by the Act. This review, which is a commitment under the Programme for Government and had been postponed pending completion of the review of the operation of the Employment Equality Acts, will now commence in April 2007 with a view to finalising a recommendation to Government in September 2007.

The Deputy will note that the list of grounds on which discrimination is outlawed already includes race, ethnic origin, nationality, colour, gender, sexual orientation, disability, age, marital status, family status, religious belief and membership of the Traveller community.

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

Question 272: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he plans to initiate legislation to ratify Optional Protocol 12 of the European Convention on Human Rights in order to provide a full guarantee of workers' fundamental right to freedom from discrimination. [8555/07]

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

My Department is considering, in consultation with other Departments, the legal and policy implications of ratification. The Government will consider whether or not to ratify based on a thorough review of the implications.