Vol. 553 No. 6
246 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will review the Equal Status Act, 2000, which is currently being abused by some elements of society; and if he will make a statement on the matter. [14952/02]
247 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will bring forward a Bill to amend the Equal Status Act, 2000, to provide for compensation to be paid to voluntary groups or communities representing the individual pursuing a case under the Act, rather than to the individual themselves, due to the fact that this is developing into another avenue of the Irish claim culture; and if he will make a statement on the matter. [14953/02]
I propose to take Questions Nos. 246 and 247 together.
I assume that the Deputy is referring to claims of discrimination made under the Equal Status Act, 2000. Complaints of discrimination, are considered, in the first instance, by the Office of the Director of Equality Investigations. I should point out that the Office of the Director of Equality Investigations is an independent statutory office set up under the Employment Equality Act, 1998 and that the director and her equality officers are independent in the performance of their functions. Under Section 22 of the Equal Status Act, 2000 the director may dismiss a claim at any stage in the investigation if she is of the opinion that the claim has been made in bad faith or is frivolous or vexatious or relates to a trivial matter. Once a case has been determined by the director, the complainant or respondent involved may appeal against the decision to the Circuit Court. I am aware of complaints from some interests that the Equal Status Act, 2000 is being abused. It is open to any complainant or respondent aggrieved by a particular decision to appeal.
Regarding the Deputy's proposal that compensation be paid to voluntary groups or communities representing the individual pursuing a case under the Act rather than to the individual themselves, I would not favour paying compensation to a third party, rather than to the victim. The Deputy's proposal may not be consistent with our obligations under Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin. That directive requires member states to lay down sanctions applicable to infringements and states that sanctions, which may comprise the payment of compensation to the victim, must be effective, proportionate and dissuasive.
The types of redress that may be provided under the Act are either or both: (a) an order for compensation for the effects of discrimination, or (b) an order that a person or persons specified in the order take a course of actions which is so specified.
