Dáil Éireann díospóireacht -
Tuesday, 24 Feb 1998

Vol. 487 No. 6

Written Answers - Employment Equality Bill.

Richard Bruton

Ceist:

290 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the elements of the equal status legislation, that are believed to be legally frail for constitutional reasons; and the way in which he proposes to handle these provisions and specifically if he is considering constitutional change to facilitate the rights of people with a disability. [4671/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The Supreme Court, in its judgment of 19 June 1997, found two aspects of the Equal Status Bill, 1997, to be repugnant to the Constitution. These were section 43 (3) which related to the admission as evidence in a criminal prosecution of facts in a document certified by the Director of Equality Investigations and section 71, which provided, inter alia, for vicarious liability of employers in relation to criminal offences. Both sections were identical to provisions of the Employment Equality Bill, 1996, which had earlier been found to be unconstitutional and a finding of unconstitutionality in respect of the Equal Status Bill was, therefore, inevitable. The Supreme Court declined to consider the constitutionality of any other provisions of the Equal Status Bill.

In the Employment Equality Bill, 1997, which is currently before the Seanad, the provisions which correspond to sections 43 (3) and 71 of the Equal Status Bill, 1997, have been redrafted to meet the Supreme Court's requirements and it is intended that similar revisions will be made to the equal status legislation.

Furthermore, legal advice has been sought on all constitutional issues raised following the referral of the Equal Status Bill, 1997, to the Supreme Court. The revised equal status legislation, which it is intended to publish later this year, will be developed in accordance with that advice.

The implications, including benefits that would accrue to people with a disability, of any constitutional change required to facilitate the rights of such people, are being considered in my Department and decisions in this regard will be taken by Government as necessary following the enactment of the Employment Equality Bill and Equal Status Bill.