Dáil Éireann debate -
Tuesday, 20 Oct 1998

Vol. 495 No. 4

Written Answers. - Equal Status Legislation.

Jimmy Deenihan

Question:

29 Mr. Deenihan asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to introduce anti-discrimination legislation to ensure universal access to all buildings, including buildings held in public ownership and those used by the public; and if he will make a statement on the matter. [20254/98]

Willie Penrose

Question:

48 Mr. Penrose asked the Minister for Justice, Equality and Law Reform when the Equal Status Bill, 1997, will be brought into effect; and if he will make a statement on the matter. [20284/98]

Dick Spring

Question:

59 Mr. Spring asked the Minister for Justice, Equality and Law Reform the issues under consideration which may give rise to amendments to the Equal Status Bill, 1997. [20282/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I propose to take Questions Nos. 29, 48 and 59 together.

The Equal Status Bill, 1997, was intended to prohibit discrimination in non-employment areas on the grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the travelling community. The prohibition on discrimination would have applied to services or facilities of any nature which are generally available to the public, including access to and the use of buildings.

The Bill was deemed unconstitutional by the Supreme Court on 19 June 1997. The Bill fell because it contained two provisions which were identical to provisions of the Employment Equality Bill, 1996, which had earlier been declared unconstitutional by the Supreme Court. Revised employment equality legislation, the Employment Equality Act, 1998, has since been enacted to take account of the decision of the Supreme Court.

Revised equal status legislation is now being developed on the same general lines as that found to be unconstitutional but amended to meet the Supreme Court's requirements.

In its consideration of the Equal Status Bill, 1997, the Supreme Court did not scrutinise the entire Bill and preparation of revised equal status legislation is, therefore, a more complicated process than development of the revised employment equality legislation. It was necessary to seek extensive legal advice before proceeding with the development of a revised measure. It was also necessary to await the passing of the Employment Equality Act before proceeding with the detailed drafting of the Equal Status Bill based on the Supreme Court decision.

The revised Equal Status Bill, which is being developed in accordance with the legal advice received on a wide range of issues, is expected to be published in early 1999.