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Dáil Éireann díospóireacht -
Tuesday, 5 Nov 2002

Vol. 556 No. 3

Written Answers. - Equality Legislation.

Richard Bruton

Ceist:

605 Mr. R. Bruton asked the Minister for Justice, Equality and Law Reform the number of awards and the value of awards that have been made under equality legislation, employment equality and equal status Acts, in each year since they became operable; if his attention has been drawn to the change in revenue practice whereby they seek to tax the compensation payments for wrong done as if it were income from employment; and if this accords with the aims and spirit of the Acts. [19791/02]

The Employment Equality Act 1998, which replaced the Anti-Discrimination (Pay) Act 1974 and the Employment Equality Act 1977, prohibits discrimination in relation to employment on nine distinct grounds namely gender, marital status, family status, sexual orientation, religious belief, age, disability, race and membership of the Traveller community. The Equal Status Act, 2000 prohibits discrimination in relation to the provision of goods and services on the same nine grounds.

The Office of the Director of Equality Investigations (ODEI – the equality tribunal) provides the avenue of redress in the first instance, in respect of claims of discrimination under employment equality legislation, other than claims in relation to dismissal which are referred in the first instance to the Labour Court. In addition, cases under the gender ground may be referred directly to the Circuit Court for adjudication. The ODEI also provides the avenue of redress for equal status cases, other than those involving registered clubs. Where a complaint of discrimination is upheld, the ODEI may order redress including the award of compensation for the effect of the discrimination payable by the respondent to the complainant.
The number and value of awards made by the ODEI in the period from 18 October 1999 – the date of the commencement of the 1998 Act and the establishment of the ODEI – to 30 September 2002 under the equality legislation is shown in the following table. Decisions of the ODEI may be appealed to the Labour Court in employment cases and the Circuit Court in equal status cases. The amounts of compensation awarded may be affirmed, varied or overturned on appeal.

1999(from 18 October)

2000

2001

2001

2002(to 30 September)

2002(to 30 September)

Legislation

Employment

Employment

Employment

Equal Status

Employment

Equal Status

No. of awards

3

89

12

36

17

63

Value of awards

€11,110

€49,964

€233,632

€42,282

€122,970

€59,420

The figures include all employment equality awards made under the Employment Equality Act, 1977 and all equal treatment awards under the Employment Equality Act, 1998 (except equal pay) for the period in question. The figures do not include awards made under the Anti-Discrimination (Pay) Act, 1974 or the Employment Equality Act, 1998 where such awards include pay elements such as equal pay or arrears of pay, because their value is not specified. One hundred and sixty six such awards were made during the period – 163 in 2000 and three in 2001.
The 89 awards made under the Employment Equality legislation in 2000 included 72 awards of €63.50, £50 in relation to four grouped claims. The 12 awards made in relation to employment equality in 2001 included one award of €107,930, £85,000 and one award of €50,790, £40,000. The figures include all equal status awards made under the Equal Status Act, 2000 from 25 October 2000 – when the Equal Status Act 2000 was commenced – until 30 September 2002.
Settlements mediated by ODEI under the Employment Equality Act, 1998 or the Equal Status Act, 2000 are not included in these figures. Mediation agreements are confidential and are not published.
The Labour Court acts as a court of first instance in relation to claims of dismissal under the Employment Equality Act, 1977 and the Employment Equality Act, 1998 and as a court of appeal in relation to decisions of equality officers-ODEI under those Acts. Details of awards made by the court when acting as court of first instance, and variations to awards made by equality officers-ODEI in appeal decisions of the court are detailed in the following tables. The Labour Court affirmed awards made by the equality officers-ODEI in a total of 28 cases in the same period. Decisions of the Labour Court in dismissal cases may be appealed to the Circuit Court. All decisions of the Labour Court may be appealed to the High Court on a point of law.
Labour Court awards in dismissal cases

1999(from 18 October)

2000

2001

2002

No. of awards

NIL

NIL

5

5

Loss of earnings

NIL

NIL

NIL

NIL

Compensation for wrong

NIL

NIL

€65,884

€52,500

Labour Court awards on appeals where original award was varied

1999(from 18 October)

2000

2001

2002

No. of awards

NIL

1

1

4

Loss of earnings

NIL

NIL

NIL

NIL

Compensation for wrong

NIL

€63,486*

€13,967**

€17,374.97***€25,790****

*Recommendation of the equality officer, which was against the complainant, was overturned.
**Increase in amount recommended by equality officer; total award revised from €5,079 to €19,046.
***Increases in awards recommended by equality officers in two cases (€5874.97, €1,500). Recommendation of equality officer overturned in third case and €10,000 awarded to claimant.
****Reduction in amount recommended in decision of ODEI; total award revised from €50,790 to €25,000.
In relation to cases submitted or appealed to the Circuit Court, court statistics are not compiled in such a way as to provide the information sought by the Deputy. However, a major expansion in the use of IT is currently under way in the Courts Service and systems are being developed at present to provide more detailed information.
I understand that the Revenue Commissioners practice in relation to awards granted under the Equal Status Act, 2000 is that they are, in general, non-taxable. The position in relation to awards under employment equality legislation is set out in the reply by the Minister for Finance of 15 October 2002 in relation to compensation payments. As indicated by the Minister for Finance, while the facts of each case must be examined to determine whether a specific award is taxable or not, in general, awards granted under the employment equality legislation are taxable. The position in relation to taxation of employment equality awards was brought to the attention of my Department in 2001. However, taxation is a matter for the Revenue Commissioners and the question is more properly directed to the Minister for Finance.
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