Joanna Tuffy (Dublin Mid West, Labour)
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Question 128: To ask the Minister for Justice and Equality his plans to review equal status legislation; and if he will make a statement on the matter. [24764/12]

Alan Shatter (Dublin South, Fine Gael)
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My Department keeps equal status and employment equality legislation under ongoing review. Particular areas currently being progressed for review are set out as follows.

In a decision issued on 1 March 2011, the European Court of Justice, having reviewed Article 5(2) of Directive 2004/113/EC which enables Member States to maintain an exemption from the rule of unisex premiums and benefits in insurance, determined that this provision of the Directive must be considered to be invalid upon the expiry of an appropriate transitional period, which it set to end on 21 December 2012. I will announce shortly the details of legislation to amendment to the Equal Status Acts 2000 to 2011 to give effect to this decision.

The amalgamation of the Human Rights Commission and the Equality Authority announced by the Government in October of last year will require legislation, which will, inter alia , amend the Equal Status and Employment Equality Acts. I am currently examining the recommendations made by the Working Group I established to advise me on the practical implementation issues of this decision and will bring my proposals in relation to the various recommendations set out in the Report to Government shortly.

The Deputy may also recall my recent statement in the Seanad debate of 2 May on the Private Members Bill to amend provisions of the Employment Equality Acts concerned with religious ethos in religious, educational and medical institutions. I stated my intention to ask the new Human Rights and Equality Commission to consider the issues that arise in this area and to report on its views and recommendations to the Minister for Education and Skills and myself and to the House. I gave a commitment, once the Commission had reported, to bring forward Government proposals in this area early in the New Year.

Finally, I draw the Deputy's attention to discussions which are ongoing at Council working group level on the proposal published on 7 July 2008 by the European Commission for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation in the supply of and access to goods and services, social benefits including social security and health care, and education. The text of the legislative proposal and an information note were provided to the Oireachtas on 5 August 2008. As these discussions are ongoing, it is not yet possible to determine whether and when new EU legislation will emerge for transposition. If and when a text is enacted by the European institutions, the Equal Status Acts will fall to be reviewed to determine whether amendments will be required to give effect to it.