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Human Rights Issues.

Dáil Éireann Debate, Tuesday - 23 November 2004

Tuesday, 23 November 2004

Questions (309, 310, 311)

Caoimhghín Ó Caoláin

Question:

359 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non-nationals who were granted permission to remain here on the basis of their having Irish citizen children are facing discrimination by employers who wrongly believe that a decision (details supplied) retroactively stripped them of their employment rights; the way in which he intends to combat this problem; and if he will make a statement on the matter. [29993/04]

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Caoimhghín Ó Caoláin

Question:

360 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non-nationals who were granted permission to remain here on the basis of their having Irish citizen children are facing discrimination in accessing rental accommodation through landlords who wrongly believe that a decision (details supplied) retroactively stripped them of their residency rights; the way in which he intends to combat this problem; and if he will make a statement on the matter. [29994/04]

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Caoimhghín Ó Caoláin

Question:

383 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that non-nationals who were granted permission to remain here on the basis of their having Irish citizen children are facing discrimination by landlords and employers who wrongly believe that a decision (details supplied) retroactively stripped them of their residency and employment rights; the way in which he intends to combat this problem; and if he will make a statement on the matter. [29998/04]

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Written answers

I propose to take Questions Nos. 359, 360 and 383 together.

The Employment Equality Acts 1998 to 2004 prohibit discrimination in the context of employment on nine grounds and the Equal Status Acts 2000 to 2004 prohibit discrimination regarding the provision of goods and services, including accommodation on the same nine grounds. Both sets of Acts prohibit discrimination on the basis of race, which includes nationality.

There are two independent bodies with statutory roles, the Equality Authority and the Equality Tribunal. The authority provides information and advice on any of the grounds, whether in an employment or non-employment area. A person may seek redress through the Equality Tribunal which has the power to refer a case for mediation or investigation. If the director of the tribunal finds in favour of the complainant, he or she may make an order for award of compensation and-or order a specific course of action to be taken.

Arising from commitments given by the Government at the 2001 UN Conference Against Racism in Durban and reaffirmed in Sustaining Progress, I will shortly launch the national action plan against racism. The plan will provide strategic direction to combat racism and to develop a more inclusive, intercultural society in Ireland. It will form the cornerstone of the Government's anti-racism policy. The labour inspectorate of the Department of Enterprise, Trade and Employment is responsible for monitoring certain employment conditions for all categories of workers in Ireland, including immigrant workers. It is open to inspectors to pursue allegations of worker mistreatment, to seek redress for the individuals concerned, and to refer matters to the appropriate legal officers for a decision on possible prosecution.

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