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Dáil Éireann díospóireacht -
Tuesday, 26 Mar 1996

Vol. 463 No. 3

Questions: Oral Answers (Resumed). - Equality Legislation.

Michael Woods

Ceist:

23 Dr. Woods asked the Minister for Equality and Law Reform the progress, if any, he has made in the preparation of the employment equality and equal status legislation; when he will present these Bills to Dáil Éireann; and if he will make a statement on the matter. [6328/96]

Helen Keogh

Ceist:

25 Ms Keogh asked the Minister for Equality and Law Reform if the Government will be in a position to ratify the UN covenant on racism before taking up the Presidency of the EU; and if he will make a statement on the matter. [6593/96]

Desmond J. O'Malley

Ceist:

30 Mr. O'Malley asked the Minister for Equality and Law Reform the progress, if any, he has made in relation to the enactment of the equal status Bill; when he expects the Bill to be published; and the groups, if any, he has met to discuss the various aspects of the Bill. [6414/96]

Brendan Kenneally

Ceist:

40 Mr. Kenneally asked the Minister for Equality and Law Reform the plans, if any, he has, to deal with sports grounds which are not complying with the need to cater fully for people with disabilities. [6421/96]

Helen Keogh

Ceist:

145 Ms Keogh asked the Minister for Equality and Law Reform the groups, if any, he has met to discuss the proposed equal status Bill; if he will be in a position to publish this Bill before the end of 1996; and if he will make a statement on the matter. [6594/96]

Trevor Sargent

Ceist:

147 Mr. Sargent asked the Minister for Equality and Law Reform the progress, if any, which has been made on the introduction of comprehensive anti-discrimination legislation; and the legislation, if any, which he will be proposing. [5975/96]

Trevor Sargent

Ceist:

152 Mr. Sargent asked the Minister for Equality and Law Reform when the employment equality Bill and the equal status Bill will be published. [6378/96]

I propose to take Questions Nos. 23, 25, 30, 40, 145, 147 and 152 together.

An employment equality Bill which will prohibit discrimination in employment on grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race, colour, nationality, ethnic or national origin or membership of the travelling community is being prepared in my Department at present. I expect to be in a position to publish the Bill shortly.

The proposed equal status Bill will prohibit discrimination, on the above mentioned grounds, in non-employment areas such as education, provision of goods and services and disposal of property and accommodation. Services will be defined broadly to include access to public places, banking and insurance services, entertainment, facilities for refreshment and transport. Access to sports grounds by persons with a disability will thus be among the issues covered in the legislation. The Bill is currently being drafted and is expected to be published during the latter half of this year. Ratification of the UN Convention on the Elimination of All Forms of Racial Discrimination cannot take place prior to the enactment of these Bills.

There has been considerable consultation on the proposed equal status Bill and a discussion paper was circulated to 80 bodies in July 1993. My officials and I have met numerous groups and interests to discuss the proposed legislation. Since the beginning of the year I have met the Campaign for Equality, the Licensed Vintners' Association, Vintners' Federation of Ireland, Chambers of Commerce of Ireland and the Irish Antique Dealers' Association. Further meetings between my Department and interested groups will be arranged as required.

Is the Minister aware that last week about 20 organisations representing disadvantaged people called on the Government to publish these Bills urgently? The Bills were indicated in the Programme for a Partnership Government and reiterated in A Government of Renewal. Is the Minister also aware there is widespread disappointment and confusion about the Bills and the matters they will cover? There is an urgent need to remove discrimination at work, particularly against women, disabled people and travellers. Can the Minister be more precise about when these Bills will be brought forward? He tells us the employment equality Bill is being prepared and will be available shortly. Will the Minister be more definite? Is it possible the equal status Bill will be before the House before the summer recess?

There is no possibility the equal status Bill will be ready before the summer. Priority is being given to the employment equality Bill which is at an advanced stage of preparation. However, as is evident from the range of groups who seek protection under that legislation and the nature of the items it will cover, it is extremely complex and difficult. It is at an advanced stage of drafting and legal opinions are being taken in connection with it. There is ongoing consultation on it between my Department and the parliamentary draftsman.

It is always difficult to try to predict exactly when legislation will be published. My best estimate is that the employment equality Bill will be available for publication in the next Dáil session, that is, after Easter. I hope to have the equal status Bill published towards the latter part of this year, but I cannot be more specific at this stage.

I am aware a number of groups are anxious this legislation should proceed as quickly as possible and I share their anxiety. The Department and I have been working hard on this legislation for some time. However, it should be recalled that I began the work on these measures from scratch. No previous work had been done on them by any Government. They are complex Bills and we have made substantial progress.

I remind the Minister that the chairperson of the equality campaign last week used the words "anger" and "frustration" in relation to these items of legislation. As a result of what the groups see as an inordinate delay in publishing this legislation — the equal status Bill in particular — they have fears about the form it will take. Concern has been expressed to me that it will be minimalist legislation.

Is the Minister confident the equal status Bill will be in the House before the end of this year? The equality campaign has expressed the concern that the Bill has been put on the long finger. They are afraid one lobby group in particular is responsible for the delay. Those fears may be unfounded——

The Deputy may not elaborate too much.

Will the Minister allay fears that one lobby group in particular is responsible?

The fear may be that if Deputy Keogh's party was in Government there would be extensive delays in bringing forward this legislation. I share the anxiety of the groups concerned that the legislation should be brought forward as quickly as possible and I am doing that. I had to begin work on these measures from scratch. Until I took office as Minister for Equality and Law Reform with the previous Government and began work on these two Bills, nothing in the way of preparation on these matters had been undertaken.

It is complex and difficult legislation and great care is needed. As soon as the Bills are ready they will come before the House and the details will be discussed. The best estimate I can give will be the next session of the Dáil for the employment equality Bill and the latter part of this year for the equal status Bill. I cannot be specific on any date because the final production of the material is not entirely in my control.

Groups have expressed great concern about the delay. Deputies appreciate the matters involved are complex. The Minister circulated his proposals in 1993 and began the process of consultation. So satisfied were the groups that they set aside their campaign because they thought everything was going according to plan and there was a real and genuine commitment to bring the legislation forward. Frustration at the delay led to their reinstating their campaign about a week ago. Naturally questions arise about the composition of the Government and whether that has given rise to delay in producing these Bills. While nobody doubts the Minister's commitment, that suspicion is so widespread some 20 organisations have joined to reinstate their campaign to exert pressure on the Government to produce this legislation as quickly as possible. I plead with the Minister to proceed as quickly as possible with their production.

I assure Deputies Woods and Keogh that both Bills are being progressed by my Department and by the drafting office and advisory section of the Attorney General's office with all possible care and speed. I am anxious to introduce them in the House at the earliest possible date. I thank Deputy Woods for his co-operation and look forward to debating their provisions with him. Both Bills will have the full support of the Government and, I hope, of Members of the Opposition.

Is the Minister fully aware of the degree of frustration felt by the many organisations involved in the equality campaign? While fully realising the complexity of this legislation, it was promised in 1993. Does the Minister understand their perception that they are victims of inaction and delay? While he said he could not give a specific date for the publication of the equal status Bill, the Minister's reassurance of its introduction next autumn will do much to alleviate the suspicions in the minds of many organisations.

Had preparatory work been undertaken on this legislation by the Deputy's party in Government, before the Fianna Fáil-Labour Coalition Government took office, the timescale would have been considerably reduced but I had to undertake this task from scratch. While I understand the frustration of the relevant groups, it must be remembered that the legislative provisions will cater for a wide range of groups and facets of human activity and that necessitates great care in their drafting. The drafting and advisory offices within the Office of the Attorney General are proceeding with all possible speed in consultation with the various lobby groups. As soon as the legislation has been cleared by both those offices and approved by my Department and the Government, it will be introduced. My best estimate for the introduction of the Equal Status Bill is the latter part of this year. I cannot be any more specific. It is not a matter entirely within my control but I will continue to press for its introduction with all possible expedition.

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