Vol. 566 No. 2
190 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to some of the negative incidents with pubs and bouncers (details supplied) in relation to customers and foreign visitors here; and his views on how best to deal with this case. [12529/03]
Direct and indirect discrimination in the provision of goods and services is prohibited under the Equal Status Act on nine grounds including race, which includes colour, nationality, national or ethnic origin. Victimisation – where an individual is treated less favourably as a result of having participated in processes under the legislation – is also prohibited by the measure.
The Act covers all goods and services which are available to the public, whether on payment or not. "Services" are defined broadly to include access to public places, banking and insurance services, entertainment, travel, transport, professional services, education, disposal of premises and provision of accommodation and private registered clubs.
Under equality legislation, there are two independent bodies with statutory roles: the Equality Authority and the Office of the Director of Equality Investigations, ODEI – the Equality Tribunal. The Equality Authority which has the role of working towards the elimination of discrimination, provides information and advice to any person who feels that he or she has been discriminated against on any of the grounds covered in the equality legislation, whether in an employment or non-employment area.
A person, including a foreign visitor, who claims that he or she has been discriminated against in the non-employment area may seek redress by referring the case to the ODEI – the Equality Tribunal. The director has the power under the Equal Status Act to refer the case for mediation or to investigate and decide such a case. If the director finds in favour of the complainant, she may make an order for compensation for the effects of discrimination and-or order a specific course of action to be taken. Complaints of discrimination are considered, in the first instance, by the ODEI – the Equality Tribunal. I should point out that the ODEI – the Equality Tribunal is an independent statutory office set up under the Employment Equality Act 1998 and that the director and her equality officers and equality mediation officers are independent in the performance of their functions. I have no statutory function in relation to such investigations and it would not be appropriate for me to comment on any individual cases.
Once a case has been determined by the director, the complainant or respondent involved may appeal against the decision to the Circuit Court. I am satisfied that the equality infrastructure put in place on the coming into force of the recent equality legislation and the avenues of redress provided in the legislation are adequate to respond to discrimination in our society.
