Amendments Nos. 92 and 93 are alternatives to amendment No. 91 and may be discussed together.
SECTION 28.
I move amendment No. 91:
In page 23, subsection (1)(c), lines 33 to 40, to delete all words from and including "experience" in lines 33 and 34 down to and including "relate" in line 40 and substitute "experience in organisations representative of the classes of persons who are defined as discriminated against in this Act".
Section 28(1)(c) states that the remaining seven shall be such persons as appear to the Minister to be persons who have knowledge of, or experience in finance, consumer and social affairs, etc. The Minister is confining himself to these areas. It would be better to delete section 28(1)(c) completely and to insert representatives of concerned organisations. The Minister may encounter a problem outside the areas specified in this paragraph. Perhaps section (28)(1)(c)(iv) covers the matter. People may be knowledgeable in the stated areas but may have to deal with a problem which does not concern them. I propose to leave the Minister open to appoint people with a knowledge of the specific problem concerned.
My amendment No. 92 states:
In page 23, subsection (1)(c), between lines 37 and 38, to insert the following:
"(iv) gender discrimination issues,
(v) issues related to the experience and circumstances of categories
of persons who have been disadvantaged by discrimination,".
I am concerned that under the proposed authority there should be at least one member who has a specific knowledge of gender discrimination issues. It might have been useful to specify certain nominating bodies, such as the National Women's Council.
It is important that the composition of the authority be balanced and representative having regard to the number of categories covered by the legislation and the wide range of employment and non-employment matters covered within the authority's remit. The provisions of the Bill have been carefully constructed with a view to ensuring such a balanced spread of interests. The authority will be subject to the overall gender balance provided in section 25. At least five of its members will be women and at least five will be men.
Subject to that overall requirement, it will have representatives of employer and employee organisations together with persons with knowledge of the matters mentioned in section 28(1)(c). I draw attention to the phrase "consumer, social affairs or equality issues" which could include persons with experience of discrimination. Equally, the words "related to the provision of goods or services" do not apply solely to the providers of such services. Other relevant subject matters are included by virtue of section 28 (1)(c)(iv). One could expand the list of interest groups to be represented on the authority ad infinitum.
I consider the existing provisions properly balanced and sufficiently broad to cover the issues raised in the proposed amendments. The Bill provides for a three year term of membership. This will allow a turnover of members every three years and for a review of membership in the light of the experience of the operation of this and the Employment Equality Bill. I will consider the matter on Report Stage.
The Minister said we should look at section 28(1)(c)(iv). Subsection (2) reads "consumer, social affairs or equality issues". That is a little loose and gender should be included in this section. Many women would feel strongly about this. I accept the Minister will look at it and ask him to bear that in mind on Report Stage.
Five of the members are to be women.
Yes, but we want somebody who has a specific knowledge of gender issues.
We are being unduly cautious about it. It is reasonably safe to assume that the Minister will have that factor very much to the front of his or her mind when making the appointments.
Sometimes that is not always so. The Minister's intention might not always be followed through and we must remember that he will not be Minister.
The guidelines are laid down but I will have a look at it again.
Amendment, by leave, withdrawn.
Amendments Nos. 92 and 93 not moved.
I move amendment No. 94:
In page 24, subsection (3), line 1, after "time" to insert ", for stated reasons,".
Amendment agreed to.
Section 28, as amended, agreed to.
Sections 29 and 30 agreed to.