James McDaid
Ceist:9 Dr. McDaid asked the Minister for Equality and Law Reform the plans, if any, he has to introduce legislation to ensure that people are not discriminated against on the basis of genetic makeup. [4598/97]
Priority Questions. - Equal Treatment Legislation.
The Employment Equality Bill, which has now passed all Stages in the Dáil, prohibits discrimination in the context of employment on the grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race, including colour, nationality and national or ethnic origin and membership of the travelling community. The Equal Status Bill, which was recently published, prohibits discrimination outside the workplace on similar grounds.
I would draw the Deputy's attention to the definition of disability in both Bills and to the inclusion of gender, race and colour as prohibited grounds of discrimination. The definition of disability would extend to a condition that will exist in the future or may be imputed to a person.
I also understand that case law of the European Court of Justice has regarded job discrimination based on sex change as amounting to unequal treatment on the gender ground.
An Leas-Cheann Comhairle
Before calling Deputy McDaid, I wish to inform the House that I have three minutes in which to reach Deputy Helen Keogh's question. If I do not reach it in that time, the question will fall. I am sure everybody would want to help me to accommodate Deputy Keogh. Perhaps Deputy McDaid would confine himself to just one supplementary question.
This area is not covered in the Minister's Bill. Some people might regard it as a "Star Trek" type of issue. However, with genetic engineering making headway as it is — and a recent BBC programme pointed this out — it will be statistically possible to earmark people who will have specific conditions in years to come, and insurance companies, for example, might demand to use genetic profiling in the future. Could legislation be introduced to prohibit insurance companies using genetic profiling to load people who may have specific conditions i.e. diabetes, blood pressure and so on?
The definition in both Bills covers. the kind of situation Deputy McDaid is talking about. It prohibits discrimination in respect of a condition which may exist in the future or which is imputed to a person. In so far as insurance companies may be inclined to discriminate in respect of their premiums, they will only be allowed to do so under the terms of both Bills where they have an actuarial basis that would reasonably justify that, and that is a matter that in the case of dispute, could be examined and adjudicated on by one of the equality officers appointed under the legislation.