Written answers

Tuesday, 12 February 2008

Department of Justice, Equality and Law Reform

Human Rights Issues

9:00 pm

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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Question 570: To ask the Minister for Justice, Equality and Law Reform his views on whether under the Equal Status Act 2000, the Equality Act 2004 and the Employment Equality Act 1998, political orientation should be included as an area of discrimination as is the case in Northern Ireland; if he has plans to amend this and ensure that political orientation is included as an area of discrimination; and if he will make a statement on the matter. [5137/08]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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The Employment Equality Acts 1998 to 2007 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 are gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the travelling community.

The Employment Equality Act 1998 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 new grounds, such as political opinion. It was also acknowledged, however, that the legislation, which has led to new challenges for enforcement bodies, employers and Government, was relatively new and that the practical implications of extending its scope to include 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 decided not to add to the existing nine grounds contained in the Employment Equality Acts. Operation of the Acts continues, of course, to be reviewed in my Department.

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 had been postponed pending completion of the review of the operation of the Employment Equality Acts, will commence shortly.

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