Máirín Quill
Ceist:28 Miss Quill asked the Minister for Equality and Law Reform when he will introduce equal status legislation; and if he will make a statement on the matter. [1990/95]
Ceisteanna—Questions. Oral Answers. - Equal Status Legislation.
Robert Molloy
Ceist:29 Mr. Molloy asked the Minister for Equality and Law Reform the plans, if any, he has to address what the public view as the regressive and discriminatory effects of his recent equality proposals on education in this country. [1998/95]
Kathleen Lynch
Ceist:90 Kathleen Lynch asked the Minister for Equality and Law Reform when he will publish equal status legislation to protect the rights of minorities, including people with disability and travellers; and if he will make a statement on the matter. [2168/95]
I propose to take Questions Nos. 28, 29 and 90 together.
The planned equal status legislation will deal with discrimination on grounds of gender, marital status, family status, sexual orientation, religion, disability, race, colour, nationality, national or ethnic origin and membership of the travelling community. The Bill will cover discrimination on these grounds in the areas of education, provision of goods and services and disposal of property or accommodation. Services will be defined broadly to include access to public places, banking and insurance services, entertainment and facilities for refreshment and transport. The Equal Status Bill will also address discrimination on the aforementioned grounds by registered clubs against members or applicants for membership. There will be a separate Bill — the Employment Equality Bill— to deal with discrimination in the workplace.
The Equal Status Bill is currently being drafted and I intend to bring it forward as soon as possible. I totally reject the suggestion in Deputy Molloy's question that the provisions in the Bill on education are "regressive". This implication is misconceived. These provisions will simply preserve existing arrangements for denominational schools pending the introduction of comprehensive legislation by the Minister for Education.
In his statement to the National Economic and Social Forum last Wednesday — to make up for the omission in the Programme for Government — the Minister said the Equal Status Bill would not be the easiest legislation to frame or steer through the Oireachtas; that is probably the reason it is so long in coming. What is the reason for the difficulty?
The grounds covered by the intended legislation are broadly based. They include gender, marital status, family status, sexual orientation, religion, disability, race, colour, nationality, national or ethnic origin and membership of the travelling community. The range of matters addressed is also wide. When the legislation is eventually published it will be seen to be complex both in respect of the groups it seeks to protect and the areas in which it seeks to provides cover. It will be essential to provide for exceptions to cover these. It has been particularly difficult to frame the legislation and one has to be careful to ensure that the net is not cast too wide or narrow and that the right pitch is achieved.
Nonetheless the broad outline of the scheme has now been prepared and forwarded to the Attorney General's office for drafting.
With respect, I do not think the Minister answered the question; he may have learned something from his colleague across the Chamber in a previous existence.
Not very nice.
Is it not a fact that the lack of progress has more to do with the lack of commitment rather than with the lack of resources?
Notwithstanding what he said, does the Minister agree that the passage of this Bill is inordinately slow?
In response to the Deputy's allegation or suggestion of a lack of commitment no previous Government conceived the concept of legislation of this type until it was initiated, drafted and worked out in great detail with great difficulty by the previous Fianna Fáil-Labour Government. I hope it will be brought to fruition by the present Government.
It was left out of the programme.
Previous Governments did not conceive the idea, let alone take any tentative initial steps to draft, conceive or bring it to fruition. This legislation is now at an advanced stage and the Government is committed to it. The Taoiseach reiterated the commitment I gave in connection with it. The Bill was prepared with great difficulty because of the complexity of the multifarious issues involved. It was approved by the previous Government and sent to the Attorney General's office for drafting. I cannot say how long it will take to draft it but the work is ongoing. Consultations between my Department and the Attorney General's office are also ongoing as are the consultations with the numerous interest groups concerned about various aspects, including IBEC and the ICTU, to mention two of the biggest. I met representatives of ten or 12 organisations, some of whom think we have gone too far, while others think we have not gone far enough. We have to devise a scheme of legislation in what is a new area for us which will be fair and balanced and seen to be so. When the Bill is published in due course all aspects will be discussed in the House. I look forward to that debate. I will keep an open mind on the detail of the legislation and will be happy to discuss amendments on Committee Stage if the Deputies opposite can suggest any which will improve its thrust.
I also hope that the equal status legislation will have a quick passage. I understand that the terms of the legislation are very wide but has the Minister borne in mind the fact that it has been alleged that from time to time people can encounter discrimination because of their political persuasion bearing in mind the circumstances surrounding the fall of the last Government?
I am not clear on what the Deputy is driving at but if he would like to be more specific I will consider it.
With the long litany of grounds outlined by the Minister people should not be discriminated against on the grounds of political persuasion in making appointments. This should be provided for in equal status legislation.
I will be happy to discuss that matter with the Deputy when the Bill is published in due course.
Given its complexity this legislation will be very challenging and as a consequence it should be excellent legislation. When does the Minister expect to be in a position to publish it? Will it be published late in the year?
I always hesitate to make predictions about matters which are outside my control but I expect the Employment Equality Bill to be published first and the Equal Status Bill to be published sometime this year.
I do not think the Minister will be able to answer my question as it is broadly similar to the one asked by Deputy Woods. Does the Minister realise that this legislation has been in gestation for so long that there is a great deal of impatience? If he could give an indication at an early stage as to when the Bill will be before the House it would be a valuable contribution.
That concludes Question Time for today.