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Dáil Éireann díospóireacht -
Thursday, 4 Mar 1999

Vol. 501 No. 5

Adjournment Debate. - Sisters of Mercy Survey.

I welcome the opportunity to raise this important matter with the Minister. The Sisters of Mercy recently commissioned a very valuable report on the experiences of marginalised groups in the west. The results of this survey are of grave concern to all who are interested in promoting equality and justice in society.

The survey underlines that the fight for equality for all citizens is very much a live issue. The Labour Party fully supports the fight for equality. In the previous Government we ensured that equal status and employment equality legislation were brought through the Oireachtas. Unfortunately, this legislation was ruled unconstitutional by the Supreme Court. Since then, we have waited more than 18 months for this Government to reintroduce the Equal Status Bill. The Labour Party has published its own Private Members' Bill which overcomes the flaws identified in the Supreme Court, yet there is still no sign of a Government Bill on this issue.

That legislation is needed to protect the rights of people is underlined by the results of the Sisters of Mercy survey which demonstrates that travellers, refugees, asylum seekers, gay and lesbian people and those living in poverty continue to be stigmatised and marginalised.

One of the most frightening findings of the report is that gay and lesbian people are seriously concerned about homophobia in the west, and many have to live with the constant threat of violence. Recent events in Sligo underline the reality of this fear. Robert Drake is an American writer who moved to Sligo at the end of last year. He is a young, gay American man who has a great love for Ireland, its literature and its people. Robert Drake was viciously attacked and is currently in a coma in Beaumont Hospital, Dublin. His vision of Ireland as a welcoming country was brutally shattered by the violent assault he suffered in Sligo.

Robert Drake may not recover from this vicious attack. His friends are attempting to raise $10,000 to fly him home so that he can receive treatment and care among his family and friends. The Minister should make a contribution to the fund established to assist Robert Drake and I hope he will indicate his willingness to do so in his reply.

The tragic case of Robert Drake only serves to underline how precarious civil and human rights can be when confronted by prejudice and ignorance. Unfortunately, prejudice is alive and well in Irish society and many people still suffer from abuse and discrimination because of the colour of their skin, their sexual orientation or the disability with which they live.

I have been critical of the Government's efforts in addressing the equality agenda and in promoting a pluralist society in Ireland. Since the abolition of the Department of Equality and Law Reform, this agenda has slipped down the Government's programme. The difficulties experienced by thousands of Irish people remain. The threat of violence, the lack of respect and the feelings of isolation and exclusion are real issues that confront people every day.

The Government has an obligation to show leadership on these issues. Equal status legislation must be introduced. Community based projects that tackle prejudice and ignorance must be funded and supported by Government. The results of the recent survey by the Sisters of Mercy should act as a wake-up call to the Minister and the Government. The tardy and half-hearted approach to the equality agenda can no longer be the hallmark of this Government's term in office. The issues are too serious for that to continue.

I am replying to it on behalf of my colleague, the Minister for Justice, Equality and Law Reform, Deputy O'Donoghue.

The report referred to is a study of justice and spirituality by the Sisters of Mercy, Western Province. The report is wide-ranging and I will confine my comments to those aspects of the report which relate to the Department of Justice, Equality and Law Reform.

The Employment Equality Act, 1998, outlaws discrimination in employment on nine distinct grounds – gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the traveller community. The scope of the Act is comprehensive and deals with discrimination in all work-related areas.

The Act provides for the establishment of a new infrastructure to underpin the Act and the proposed equal status legislation. The new infra structure will comprise two new organisations – the Equality Authority, which will replace the Employment Equality Agency, and the office of the Director of Equality Investigations, to provide redress of first instance.

Work is on schedule in the Department to put in place the new organisations and we hope to be in a position to commence implementing the Act by the middle of the year.

The prohibition on discrimination in employment will have a parallel outside the workplace. Revised equal status legislation is now being developed by the Department on the same general lines as that found to be unconstitutional in 1997 but amended to meet the Supreme Court's requirements. The proposed Equal Status Bill will take the fight against discrimination beyond the workplace and into such areas as provision of goods and services, accommodation and education. Services will be defined broadly to include facilities for refreshment and entertainment, banking, transport and medical services. The measures will also contain sanctions against private registered clubs which are found to be discriminating. It is envisaged that the Bill will be published before the Dáil resumes after the Easter recess. Once the Employment Equality Act, 1998 and the revised equal status legislation come into force, Ireland will have one of the most comprehensive and modern anti-discrimination codes in Europe.

Discrimination against travellers is an issue of particular concern to the Department. In June 1998, the Minister established a committee to monitor and co-ordinate the implementation of the recommendations of the task force on the travelling community. The committee, which is chaired by the Department, is representative of traveller interests, each of the four pillars of Partnership 2000 and relevant Government Departments. A report on progress will be prepared later this year.

Another initiative undertaken by the Department was the setting up last July of a consultative committee on racism and interculturalism. The consultative committee operates as a partnership of non-governmental organisations, State agencies, social partners and Government Departments and advises the Government on matters relating to racism and interculturalism. An allocation of £90,000 is provided to the consultative committee this year.

The Department has taken a key role in tackling violence against women. The national steering committee on violence against women was established in December 1997. The aim of the committee is to provide a multi-disciplinary and cohesive response to victims of domestic violence and rape-sexual assault. Research is under way into the implementation of the Domestic Violence Act, 1996. The aim of the research is to provide a baseline of data and informed comment on the implementation of the domestic violence legislation. This project will document the way domestic violence is responded to by the Garda and processed through the civil law and criminal justice system. The results of this research will be available towards the end of April.

The Government is publicly committed to radical change to ensure that the needs and aspirations of people with disabilities are comprehensively addressed. The measures put in place since the present Government came into office underline the depth of its commitment. As Deputies will know, the legislation to establish the National Disability Authority is currently before the House. The NDA will be responsible for the research and development of standards for services and programmes provided to people with disabilities. It will also monitor and evaluate implementation of standards in the services provided and will act as an expert body in the development of policy on disability issues. As part of our work in 1999 on mainstreaming of services for people with disabilities, training and employment services currently being provided by the National Rehabilitation Board will transfer to FÁS. A new agency, Comhairle, under the auspices of the Department of Social, Community and Family Affairs, is being established which aims to ensure that services for people with disabilities will become an integral part of mainstream information, advice and advocacy services for all.

As regards asylum seekers, I emphasise that the refugee determination procedures were put in place following extensive consultation with the UNHCR. The UNHCR has stated that, "overall, we believe that the revised document provided for a balanced administrative procedure pending the entry into force of the Refugee Act". The new procedures were amended in March 1998 after consultation with the UNHCR and NGOs to provide, inter alia, for an independent appeals mechanism in manifestly unfounded cases. The new procedures now provide for appeals to independent appeals officers or authorities at all stages of the process.

Child care is another issue in the report in which the Department has taken an active role.

The measures I have outlined form a broad package to tackle discrimination and marginalisation in our society.

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