Vol. 566 No. 1
638 Mr. Ferris asked the Minister for Justice, Equality and Law Reform his views on whether a disability Bill is required in order to ensure that the disabled are guaranteed fair treatment; and if he proposes to frame such legislation. [11756/03]
Legislation to prohibit discrimination on nine specified grounds, including the ground of disability, is already in place under the Employment Equality Act 1998, in respect of employment and training, and the Equal Status Act 2000, in respect of education, the provision of goods, services and accommodation and disposal of property. Discrimination includes a refusal or failure by an employer or a service provider to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the employment or service. A refusal or failure to provide the special treatment or facilities will not be deemed reasonable unless it would give rise to more than a nominal cost to the employer or service provider.
The Equality Authority and the Equality Tribunal have been established as independent statutory bodies under the legislation. The Equality Authority is charged with promoting equality and working towards the elimination of discrimination. It provides information and advice to any person who feels that he or she has been discriminated against on any of the nine grounds, in either the employment or non-employment area. The Equality Tribunal investigates and decides on complaints of unlawful discrimination. In 2002, 50 cases involving the disability ground were referred, under the Equal Status Act, to the Equality Tribunal. In addition, 42 dismissal cases were referred to the Equality Tribunal and the Labour Court on the disability ground.
The Government remains committed to bringing forward a disability Bill to underpin the principle of mainstreaming and provide for positive action measures to remove barriers to equal participation for people with disabilities. The formal consultation process on the proposed legislation, overseen by the expert consultation team appointed in April 2002, was completed in February of this year. In view of the complex and crosscutting issues which fall to be considered, the Government has referred the process of overseeing the preparation of the revised disability Bill to the Cabinet sub-committee on social inclusion. The Cabinet sub-committee will play a key role in facilitating cross-departmental co-operation in the development of both the legislative proposals and service planning over the coming months.
