Written answers
Tuesday, 14 June 2016
Department of Justice and Equality
Equality Legislation
Jonathan O'Brien (Cork North Central, Sinn Fein)
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132. To ask the Minister for Justice and Equality why discrimination cases arising from provisions of social protection legislation are excluded from the remit of the cases that may be investigated by the Equality Authority; and if she will make a statement on the matter. [15971/16]
Frances Fitzgerald (Dublin Mid West, Fine Gael)
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On 1 November 2014, the Equality Authority was merged with the Irish Human Rights Commission to form the Irish Human Rights and Equality Commission (IHREC). IHREC has a very wide mandate from which issues in relation to social welfare legislation are not excluded. However, it may be that the Deputy's Question relates to restrictions on the circumstances in which cases can be taken to the Workplace Relations Commission (which incorporates the former Equality Tribunal). The essential point is that any action mandated or required by legislation is not deemed to be discriminatory. I would refer the Deputy to Section 14(a)(i) of the Equal Status Act 2000 in that regard. As the Deputy will be aware, there is an independent Appeals Office within the Social Protection system which adjudicates on appeals taken in relation to social welfare issues.
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