Skip to main content
Normal View

Dáil Éireann debate -
Wednesday, 10 Mar 1999

Vol. 502 No. 1

Other Questions. - Equal Status Bill.

Jan O'Sullivan

Question:

42 Ms O'Sullivan asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to prioritise the drafting of an equal status Bill in view of the fact his Department has not set a clear date for its publication; and if he will make a statement on the matter. [7386/99]

As I have previously indicated, it is my desire to publish a revised equal status Bill before the end of the Dáil's Easter recess. Drafting of the Bill is at an advanced stage. The revised equal status measure now being developed is on the same general lines as that found to be unconstitutional in 1997 but amended to meet the requirements of the Supreme Court. As the Deputy may recall, in its consideration of the earlier Bill, the Supreme Court did not scrutinise the entire Bill and preparation of revised equal status legislation has proved to be a more complicated process than the development of the revised employment equality legislation. It was necessary for my Department to seek extensive legal advice before proceeding with the task.

Initially, according to the Government's legislative programme, this Bill was to be published in 1998. I have raised this matter several times since I came into this House and subsequently the date was changed to early 1999. Then the Bill was to be introduced before Easter, as the Minister indicated was his intention. When the issue was raised on the Order of Business by Deputy Jim Higgins last Tuesday, the Tánaiste replied that it would be after Easter. Is the Minister certain that this legislation will be published before Easter of this year?

There are a number of vulnerable groups which will be covered under this legislation. The fact they will be covered means they are vulnerable to discrimination and it is demoralising for those groups when the date for publication of the legislation is constantly changed. Will the legislation be brought into operation in the near future? It was approved by the Cabinet in June 1997, 21 months ago.

I intend to publish the Bill before the end of the Dáil's Easter recess. It is important that I point out that while the Employment Equality Act and the Equal Status Act were considered by the Supreme Court, only the Employment Equality Act was considered in detail and, accordingly, it was easier for us to introduce a new Employment Equality Act. I was pleased to launch the new Employment Equality Authority on International Women's Day this week. I indicated that I intended to ensure that the full Act would be brought into force on 1 September.

The Equal Status Act was not considered in detail by the Supreme Court although it was clear from its decision that there were at least two factors in both Acts which made the Equal Status Act unconstitutional. In those circumstances we have had to go through the Act with a fine tooth comb to bring forward a new Bill which will be upheld constitutionally. That is the only reason for the delay. I am confident that when we introduce the legislation it will stand the ultimate test.

The reasons the Minister gives today for the delay with the Bill have been heard over and over again. We are concerned the Minister is making very little progress in overcoming the problems which are delaying the introduction of this Bill.

Does the Minister agree that the real reason for the delay is that his Department is too broad and equality is being treated as a secondary issue? The Minister's party was right in its policy document, Facing the Challenge of Equality, when it stated that there should have been a Department of Equality. Perhaps then we would not have seen such a long delay in this fundamental and important legislation.

I dispute entirely the latter part of the Deputy's assertion. It is untrue to suggest that the Department is too widespread to deal with equality issues. There has been a considerable amount of equality legislation among the 19 Bills which I have put through this House since becoming Minister for Justice, Equality and Law Reform. It stands in comparison with the record of my predecessor who was illustrious in the performance of his task.

It was quality, not quantity.

As regards the Deputy's statement that the Equal Status Bill should have been produced by now, I remind him that the Equal Status Bill and the Employment Equality Bill were products of the Rainbow coalition Government—

Excellent products.

—and both were found to be unconstitutional by the Supreme Court. In the future, historians will not be far out when they compare this Government—

The Minister has been in office for two years.

—to contract cleaners. We have had to clear up a considerable number of messes since entering office, not least on this and other issues.

The Minister was aware of these problems and the investigation of what had to be dealt with in the Equal Status Bill when he gave the commitment that this Bill would be published by the end of 1998. What has changed since then? Is the Minister aware of the message this sends to people in these categories who are waiting for this legislation and are continuously being given changed dates? Will he confirm that he will definitely publish the legislation before Easter?

I assure Deputy O'Sullivan that I am doing everything I possibly can to ensure the legislation I am bringing forward withstands the ultimate test of constitutionality. I am still satisfied that I will be in a position to publish this legislation prior to the end of the Easter recess. That is the best I can do at present. I had hoped the legislation would be published earlier. However, it is extremely important that I get it right. It is more important that I do that rather than present legislation to the House which is subsequently held to be unconstitutional by the Supreme Court.

Top
Share