Written Answers. - Proposed Legislation.
Brian O'Shea
Question:
77
Mr. O'Shea
asked the
Minister for Justice, Equality and Law Reform
the plans, if any, he has to introduce legislation to fulfil the equality commitments of the Amsterdam Treaty; and if he will make a statement on the matter.
[15370/99]
The Treaty of Amsterdam, which entered into force on 1 May 1999, contains improved provisions on equality between men and women and provides for action by member states to combat discrimination in a range of other areas.
Article 13 of the Treaty enables the EU to take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, dis ability, age or sexual orientation. Article 13 states that the European Council, acting unanimously on a proposal from the EU Commission and after consulting the European Parliament, may take appropriate action to combat discrimination based on the aforementioned grounds. The right of initiative, therefore, rests with the Commission. In response to Article 13, the Commission recently proposed a three-part anti-discrimination package of measures containing a directive to combat discrimination in the workplace on all the grounds under Article 13 except gender; a directive to combat discrimination on grounds of race and ethnic origin which would have a broader scope and would extend beyond the workplace; and an action programme to support and implement the legislative programme.
These proposals are at an early stage of development and it is envisaged that the proposed provisions will be very general in nature so as to allow individual members states sufficient flexibility in developing their own measures to combat inequality and discrimination.
Article 141 of the treaty extends the scope of the former Article 119 and gives equality of treatment between women and men a specific legal base. It retains the obligation on member states to ensure the application of the principle of equal pay for equal work, as between men and women and makes it clear that this principle includes work of equal value. It includes new provisions that will allow the Council to adopt measures to ensure the application of the principle of equal opportunities and equal treatment for men and women at work. In addition, there is provision to allow member states to adopt or maintain positive action measures to redress existing imbalances between the sexes.
The existing Anti-Discrimination (Pay) Act, 1974, and the Employment Equality Act, 1977, give effect to the former Article 119 and equal treatment directives, in the area of employment.
In Ireland, legislation which will outlaw discrimination in both the employment and non-employment areas is at an advanced stage. The Employment Equality Act, 1998, will outlaw discrimination in the workplace on nine grounds. i.e., gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the traveller community and 1 September 1999 has been set as a target date for the implementation of the Act. The Equal Status Bill, 1999, which prohibits discrimination on the same nine grounds in non-workplace areas, such as education, the provision of goods and services and accommodation, is currently before this House.
It is not possible to say at this stage what further legislation might be required to fulfil the equality provisions of the Amsterdam Treaty.
