The Irish Human Rights and Equality Commission (‘the Commission’) has today published a second set of recommendations to Government as part of ongoing engagement with the Review of the Equality Acts, including the Equal Status Acts 2000-2018 and the Employment Equality Acts 1998-2015.
As Ireland’s national equality body, the Commission is recommending that equality legislation be changed to include discrimination on the ground of socio-economic status and on the ground of criminal conviction.
On the introduction of a socio-economic status ground, and following two decades of calls for its introduction, the Commission believes “it is a matter of justice that this ground be incorporated into Irish legislation” and its introduction would not only strengthen the effectiveness of the Equality Acts, but would constitute a crucial shift in the equality landscape in Ireland (See page 50 of submission).
On the introduction of a criminal conviction ground, the Commission recommends the inclusion of a broad prohibition on discrimination on the ground of criminal conviction that is not limited to spent convictions, in both the Employment Equality Act and the Equal Status Act, and further research, safeguarding victims’ rights, to be conducted to determine the appropriate exemptions needed in relation to this ground (See page 67 of submission).
The Commission has also recommended change to the existing gender and family status grounds. The gender ground in the Equality Acts, should be amended to include explicit reference to, and define gender identity, gender expression, and sex characteristics (See page 57 of submission). The ‘family status’ ground should be renamed the ‘carer’ status ground, and be defined to ensure a broader range of parents and persons who provide care to adults are protected.
The submission, sets out over 55 specific recommendations on access to justice and legal aid; on exemptions under the Equality Acts; on protected grounds; on positive duties; on positive action and measuring effectiveness and data collection. It also recommends the introduction of a ‘purpose and principle clause’ to guide implementation of the law.
Speaking today, Chief Commissioner Sinéad Gibney stated:
“People across Ireland experience discrimination in many different ways throughout their lives. Equality law is a significant part of the State response to discrimination so the Government’s Review of Equality Law in Ireland is a milestone opportunity for change. The law must adapt to provide effective prevention of, and protection against, discrimination, now and into the future.
“Our recommendations will assist with the current Government review and also serve as a pathway to help shape future equality law in Ireland. We brought together legal experts [section 18 of the IHREC Act 2014] from academia and civil society to assist us in setting out a vision for what equality law in Ireland might look like into the future.”
ENDS/
For further information, please contact:
Sarah Clarkin, IHREC Communications Manager,
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sarah.clarkin@ihrec.ie
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Editor’s Note
The full submission from the Irish Human Rights and Equality Commission is available at the following link
https://www.ihrec.ie/documents/submission-on-the-review-of-the-equality-acts/
The Commission has published these legislative observations as Ireland’s National Equality Body and in line with its mandate to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality, and to make recommendations to the Government to strengthen and uphold human rights and equality in the State.
In its submission, the Commission makes over 55 specific recommendations on:
Access to Justice and Legal Aid
- the State return complaints of discrimination in licensed premises to the purview of the Equal Status Acts and the jurisdiction of the Workplace Relations Commission by repealing section 19 of the Intoxicating Liquor Act 2003.
- The Workplace Relations Commission is renamed with an alternative that represents and reflects the full extent of its remit, beyond ‘workplace relations’ alone, by amending the Workplace Relations Commission Act 2015.
- a tailored approach to the provision of legal aid for minority and structurally vulnerable groups to redress a systemic imbalance and a culture of discrimination.
- The Civil Legal Aid Scheme is expanded to include a wider range of areas including, at a minimum, employment and equality cases before the Workplace Relations Commission.
- a review of exemptions under the Equality Acts, guided by the general principles of proportionality; accessibility and clarity; consistency with Ireland’s EU and international obligations; coherence; and effectiveness.
- the broad scope and effective practical application of the current definition of disability be retained.
- consideration be given to reviewing any outdated and stigmatising language used in the current definition, in close consultation with Disabled Persons Organisations, but any proposals for amending the definition must avoid unintended negative consequences and maintain the broad scope and effective practical application of the current definition.
- an asymmetric (limits the ground to only those who are disadvantaged because of their socio-economic status) approach be applied in defining a new socio-economic ground.
- the inclusion of indicators within the definition of the socio-economic ground.
- the removal of the provision ‘socially or geographically identifiable group’ from the definition of socio-economic disadvantage in the Equality (Miscellaneous Provisions) Bill 2021.
- the gender ground in the Equality Acts be amended to include explicit reference to, and define gender identity, gender expression, and sex characteristics. The ground should continue to be called the gender ground, to facilitate and ensure retention of protections under the case law of the current gender ground.
- in reforming the gender ground, consideration should be given to reframing the exemptions relating to gender to ensure the current protections for trans men and women are not diluted. Consideration should also be given to reframing exceptions relating to gender to ensure discriminatory treatment between different groups within the gender ground is not unintentionally facilitated.
- the ‘family status’ ground be renamed the ‘carer’ status ground, and be defined to ensure a broader range of parents and persons who provide care to adults are protected.
- the inclusion of a broad prohibition on discrimination on the ground of criminal conviction that is not limited to spent convictions, in both the Employment Equality Act and the Equal Status Act, and further research be conducted to determine the appropriate exemptions needed in relation to this ground.
- consideration be given to reframing the housing assistance ground as a ‘source of income’ ground which would apply to the entire material scope of the Equality Acts.
- the powers under section 42(5) of the Irish Human Rights and Equality Commission Act 2014 be strengthened by providing that the Commission may ‘require’ public bodies to undertake an equality and human rights review or action plan.
- section 42(11) of the Irish Human Rights and Equality Commission Act 2014 be deleted to allow for a cause of action to be conferred on a person against a public body in respect of the performance of its functions under the Public Sector Equality and Human Rights Duty.
- that the requirements for reporting compliance with the Public Sector Equality and Human Rights Duty be strengthened.
- the introduction of positive equality duties for the private sector that are goal oriented, plan-based and comprehensive into the Irish legislation.
- the current approach to positive action in the Equal Status Acts be replaced with a single overarching provision which permits specific group-based measures to ensure full equality in practice is achieved across all grounds of discrimination.
Measuring Effectiveness & Data Collection
- urgent action is taken by the State to develop and roll out disaggregated equality data collection, processing and communication systems across relevant public bodies in order to monitor the effectiveness and impact of the legislation in Ireland, and that the relevant bodies publish statistics and analysis on an annual basis.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State.
The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and is recognised as such by the United Nations. The Commission is also Ireland’s national equality body for the purpose of a range of EU anti-discrimination measures.