A research report on “Equivalence in Promoting Equality – The Implications of the Multi-Party Agreement for the further Development of Equality Measures for Northern Ireland” was launched today in the Equality Authority. The research project is a joint initiative of the Equality Authority and the Equality Commission for Northern Ireland. The research was carried out by Colm O’ Cinneide from the Faculty of Laws in University College London.
The Multi-Party Agreement signed in Belfast in 1998 provides a backdrop to the establishment and work of both the Equality Commission for Northern Ireland and the Equality Authority. “Equivalence in Promoting Equality” is an exploration of the commitment by the Irish Government in the Agreement to “further strengthen the protection of human rights in its jurisdiction” and to ensure “at least an equivalent level of protection of human rights as will pertain in Northern Ireland”. The research highlights that this is a binding commitment that places an obligation on the Irish Government to take action to maintain this equivalence in the protection of human rights.
Speaking at the launch of the report, Niall Crowley, Chief Executive Officer of the Equality Authority, stated that “equality is a core human right and it is a value that can be seen to underpin the Agreement. In such a context an equivalence in the level of protection of human rights includes an equivalence of equality rights. The commitment to equivalence in the report means there is a need to review the provisions and the interpretation of our equality legislation, to introduce positive duties on the public sector to promote equality and to accord new rights to transsexual, gay and lesbian people. This is an area of the Agreement that has lacked public and political attention to date, a situation that must now be rectified on foot of this report”.
The report identifies a number of key areas where there is a greater degree of protection in Northern Ireland than there is in Ireland and where no action has been taken to ensure equivalence. The commitment to equivalence means:-
A. Positive duties to promote equality need to be incorporated into Irish equality legislation. Section 75 of the Northern Ireland Act requires public bodies to have due regard to equality of opportunity in carrying out their functions. This positive duty seeks to change how public authorities perform their functions by making equality a central goal of their day to day activities. There are no such provisions in Irish legislation.
B. Limitations in Irish equality legislation need to be addressed where
- compensation that can be awarded in cases is limited by maximum levels established in the legislation. In Northern Ireland there is no upper level on the amount of compensation that can be awarded.
- the ground of political opinion is not covered. In Northern Ireland fair employment legislation includes this ground.
- the requirement on service providers to make reasonable accommodation for customers with disabilities is limited by a nominal cost exemption. This exemption needs to be interpreted having regard to the commitment to equivalence in the Agreement. In Northern Ireland, employers and service providers are required to provide reasonable adjustments for people with disabilities and to incur reasonable expenses where necessary in doing so.
- the legislation does not explicitly apply to the performance of public sector functions including immigration controls or policing. In Northern Ireland, Race Relations and Disability legislation prohibits discrimination by public authorities in performing their functions.
C. The rights of transsexual people, and gay and lesbian people need to be further developed. In Northern Ireland the Gender Recognition Act 2004 provides transsexual people with legal recognition in their acquired gender and the Civil Partnership Act 2005 legislates for the registration of same-sex partnerships. There are no matching provisions in Ireland.
The report highlights similar equality issues and common problems and challenges in relation to inequality and discrimination in Northern Ireland and Ireland. It suggests that this should support a common equivalence approach in both jurisdictions although this is not a requirement of the Agreement. The report emphasises a particular value in the harmonisation of equality legislation in both jurisdictions.
Speaking at the launch of the report, Evelyn Collins, Chief Executive of the Equality Commission for Northern Ireland, said that the report identified a number of areas where progress can be made in reaching “an equivalent level of protection” in human rights and equality law in both jurisdictions.
“The report recognises that different economic, legal, political and cultural contexts will mean that different legislative and policy approaches may be required”, Evelyn Collins said. “It is important that there is effective protection of rights and delivery of equality of opportunity for people throughout Ireland, North and South, even if different forms are used to achieve this. There are a great many equality issues common to Northern Ireland and Ireland, and the Commission has always found our discussions and co-orperation with the Equality Authority to be informative and productive. We look forward to building upon these contacts and the ideas contained in this research to enhance equality of opportunity for all the people in both jurisdictions”.
ENDS