Discrimination on the basis of race, whether in the employment area or in the supply of goods or the delivery of services to which the public generally has access, is outlawed by the Employment Equality Act, 1998, and the Equal Status Act, 2000. Both these Acts are now in operation. The Office of the Director of Equality Investigations established under this legislation has as its primary function the investigation of complaints of unlawful discrimination and, where discrimination is established, the award of appropriate redress. The Equality Authority provides advice and, where appropriate, assistance to anyone who considers that she or he has been discriminated against contrary to the Employment Equality Act or the Equal Status Act. As well as race, the legislation mentioned also covers discrimination on eight other grounds.
I would also point out that under section 14(1) of the Employment Equality Act, 1998, it is an offence to procure another person to do anything which constitutes discrimination under that Act. Likewise, in relation to the non-employment area, it is an offence, under section 13 of the Equal Status Act, 2000, to procure or attempt to procure another person to engage in discrimination contrary to that Act. I am not aware of any allegations of discrimination of the sort referred to by the Deputy but if he is aware of any alleged attempt to procure discrimination, in breach of either Act, I suggest that he bring the matter to the attention of the Equality Authority, which is empowered to bring prosecutions for alleged offences under the sections mentioned.
Complaints about advertising may also be brought to the Advertising Standards Authority for Ireland, the industry's self-regulatory organisation. In addition, in relation to radio and television advertising, a statutory code of standards, practice and prohibitions in advertising, sponsorship and other forms of commercial promotion in broadcasting services is in place. This code has been drawn up by the Minister for Arts, Heritage, Gaeltacht and the Islands, under the Broadcasting Act, 1990, and provides, inter alia, that “advertising shall not . . . include any discrimination on grounds of race, sex or nationality”.
