Dáil Éireann díospóireacht -
Tuesday, 25 Mar 2003

Vol. 563 No. 4

Written Answers - Anti-Racism Measures.

Joe Costello

Ceist:

532 Mr. Costello asked the Minister for Justice, Equality and Law Reform the way in which the positive duties on the private and public sectors to eradicate institutional racism will be incorporated into Irish law, in view of the fact that Ireland has an obligation to comply with legislative standards in regard to anti-discrimination measures in line with the EU race directive; and the way in which he will ensure, in view of the fact that much of the negative treatment faced by disadvantaged groups arises out of patterns of institutional discrimination or neglect of the specific needs of these groups, that the inadequate consideration of these needs in policy making or in the provision of services and facilities or the maintenance of institutional structures that do not take diversity into account will be remedied in full compliance with standards of best practice across the European Union. [7612/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

The purpose of Directive 2000/43/EC is to lay down a framework for combating discrimination on the grounds of racial or ethnic origin, with a view to putting into effect in the member states the principle of equal treatment.

Discrimination in employment and in the supply of goods and services on grounds of gender, marital status, family status, sexual orientation, religion, age, disability, race (race, colour, nationality, or ethnic or national origins) and membership of the Traveller community is already prohibited in Ireland following commencement of the Employment Equality Act 1998 on 18 October 1999 and the Equal Status Act 2000 on 25 October 2000.

In the second half of 2002, my Department consulted relevant Government Departments, the social partners, the Equality Authority, the Office of the Director of Equality Investigations and the Labour Court in relation to the implementation of the race directive, the employment framework directive and the framework directive on equal treatment in employment-gender in relation to the Employment Equality Act 1998. Proposals, for submission to Government, are currently being drafted in relation to the 1998 Act. No formal consultation, in relation to the non-employment aspects of the race directive, was considered necessary as the Equal Status Act 2000 is substantially compliant with the race directive. However, written submissions have been received from relevant bodies in relation to the transposition of the non-employment aspects of the directive. Proposals for submission to Government in relation to the 2000 Act are also being drafted. It is hoped to publish the Bill amending the Act in the summer with a view to its implementation at the earliest possible date.

Transposition of the race directive in itself does not place an onus on the Irish Government to amend the existing equality legislation to impose positive duties to eradicate institutional racism on the private or public sectors. It does, however, require the designation of a body for the promotion of equal treatment of all persons without discriminating of the grounds of racial or ethnic origin. The Equality Authority, which was established under the Employment Equality Act 1998, is this designated body. It has statutory responsibility to work towards the elimination of discrimination and the promotion of equal opportunities in relation to employment and the provision of goods and services on the nine discriminatory grounds included in the Employment Equality Act 1998 and the Equal Status Act 2000.

As part of its functions, the authority is empowered to invite businesses to carry out an equality review and to prepare and implement an equality action plan or, where the business does not have less than 50 employees, the authority can carry out such a review or prepare such an action plan. These powers of the authority should ensure the development of a proactive equality conscious approach to equal opportunities in the workplace and in relation to the provision of goods and services.

My Department has taken recent initiatives to address racism. The following are some examples: the Prison Service has carried out a research and training project to determine the nature of intercultural awareness, communication and racial equality in Irish prisons. This was an action research and training project carried out in 2002, involving both prisoners and prison officers at Wheatfield Prison in Dublin. An independent evaluation of the project and recommendations for future action then took place. The National Training and Development Institute, in conjunction with Fitzpatrick Associates, made a presentation of findings and recommendations to the Prison Service. This was published to coincide with European Week against Racism.

The National Consultative Committee on Racism and Interculturalism, which is funded by my Department, has recently launched guidelines for developing a "whole organisation" approach to address racism and to support interculturalism. These guidelines are part of a series of publications aimed at supporting the development of appropriate strategies for working in an increasingly diverse society. The guidelines are about promoting good practice and are designed to be consistent with the equality legislation, the development of equality action plans and the equality-diversity aspects of the Government's quality customer service initiative.

Joe Costello

Ceist:

533 Mr. Costello asked the Minister for Justice, Equality and Law Reform the legislative measures which exist under which ethnic minorities have judicial redress in regard to racist attacks and which recognise specifically the seriousness of that crime due to the fact that it is based on racism, in view of the recent heinous attack on two Indian nationals and the increase in racist attacks in general. [7613/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I refer the Deputy to my comprehensive reply to Parliamentary Questions Nos. 142, 147 and 152 on 12 March 2003, which dealt with the question of racist attacks and the legislative and other measures in place to deal with racism and racist attacks. The ordinary criminal law such as the Criminal Justice (Public Order) Act 1994 and the Non-Fatal Offences Against the Person Act 1997, with attendant severe penalties, is available to the Garda in its fight against racially motivated attacks.