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Seanad Éireann díospóireacht -
Thursday, 9 Jul 2015

Vol. 241 No. 6

Employment Equality (Amendment) (No. 2) Bill 2013: Report Stage (Resumed) and Final Stage

I move amendment No. 2 to amendment No. 13:

In subsection (1A)(b), proposed to be inserted by paragraph (b), to delete "the institution's ethos" and substitute the following:

"the institution's ethos, and

(c) the relevant position of employment primarily involves the propagation of religion, such that the religion or belief of the employee or prospective employee is integral to that position.".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.

I move amendment No. 3 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), to delete "(1B) Where an educational or medical institution referred to in subsection (1) is maintained, in whole or in part, by monies provided by the Oireachtas, action of the type referred to in paragraph (b) of that subsection" and substitute the following:

"(1B) In respect of an institution to which subsection (1) refers, action of the type referred to in paragraph (b) of subsection (1)".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.

I move amendment No. 4 to amendment No. 13:

In subsection (1C)(a), proposed to be inserted by paragraph (b), after "religious ethos," to insert the following:

"which is defined in writing and the employee or the potential employee is made aware of it,".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.

I move amendment No. 5 to amendment No. 13:

In subsection (1C)(c)(ii), proposed to be inserted by paragraph (b), to delete "and", and substitute the following:

"(iii) the employee’s or prospective employee’s right to privacy, and".

I second the amendment to the amendment.

The Minister of State has signalled his willingness to accept the amendment to the amendment.

Amendment to amendment agreed to.

I move amendment No. 6 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert the following:

"(1D) Without prejudice to the generality of subsection (1C), nothing in subsections (1) to (1C) may be relied upon by an institution referred to in subsection (1) to—

(a) justify or permit discrimination on the basis of religion or belief against any employee, former employee or prospective employee,

or

(b) allow any action to be taken against any employee, former employee or prospective employee,

where the employee, former employee or prospective employee

(i) holds the relevant qualifications necessary to carry out all of the functions associated with the position of employment,

(ii) is willing to carry out all of the functions associated with the position,

(iii) has agreed in the furtherance of his or her functions to uphold the religious ethos of the employer, and

(iv) has not undermined the religious ethos of the institution.".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.
Amendment No. 7 to amendment No. 13 not moved.

I move amendment No. 8 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:

"(1F) Without prejudice to the generality of subsections (1C) and (1D), nothing in subsections (1) to (1D) may be relied upon by an institution referred to in subsection 1 to justify or permit discrimination on the basis of civil status or to allow any action to be taken against any employee, former employee or prospective employee on the basis that the employee, former employee or prospective employee is, was at any time in the past, has become, or has indicated an intention or wish to become at any time in the future—

(i) a spouse,

(ii) a civil partner within the meaning of section 3 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or

(iii) a cohabitant within the meaning of section 172 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.

I move amendment No. 9 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:

"(1G) Without prejudice to the generality of subsections (1C) and (1D), an institution referred to in subsection 1 shall not be permitted to take action that treats a person less favourably on the basis of a lawful exercise of that person's right to freedom of expression, freedom of assembly or freedom of association.".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.
Amendment No. 10 to amendment No. 13 not moved.

I move amendment No. 11 to amendment No. 13:

In the text proposed to be inserted by paragraph (b), after subsection (1C) to insert following:

"(1I) An institution may only rely on this section where the ethos of the organisation is defined and published and the employee or potential employee has been made aware of it.".

I second the amendment to the amendment.

Amendment to amendment put and declared lost.

I move the following verbal amendment to amendment No. 13:

That in paragraph (c) of subsection 1C, as proposed to be inserted by amendment No. 13, the existing subparagraph (iii) shall be renumbered as subparagraph (iv) as a consequential technical amendment arising from the acceptance of amendment No. 5 to amendment No. 13.

Amendment to amendment agreed to.
Amendment No. 13, as amended, agreed to.
Amendment No. 14 not moved.
Bill reported with amendments.

Amendments Nos. 15 to 17, inclusive, are related and may be discussed together.

Bill recommitted in respect of amendment Nos. 15 to 17, inclusive.
Government amendment No. 15:
In page 4, between lines 38 and 39, to insert the following:
"Amendment of section 2 of Act of 2000
12. Section 2 of the Act of 2000 is amended in subsection (1) by the substitution of the following definition for the definition of "discriminatory grounds":
"'discriminatory grounds' has the meaning given by subsections (2) and (3B) of section 3;".".

The intention of these amendments, which were introduced following consultation with the Department of Social Protection and the Department of the environment, Community and Local Government, is to prohibit, in the provision of accommodation, discrimination in regard to a tenant or prospective tenant on the basis that the person is or is not in receipt of rent supplement, or that the person's income in whole or in part is or is not provided by a State as a relevant social welfare payment or by housing assistance payment. However, this will be without prejudice to the landlord's rights under any rule of enactment regulating the provision of accommodation and to the right of a person providing accommodation to require that rent supplement be paid directly to him or her. HAP is paid directly to landlords under separate legislative provisions, which do not need to be repeated in these provisions.

The new "housing assistance ground" is drafted such that it applies only to the provision of rental accommodation, so as to avoid any unintended consequences. However, advertising is expressly captured because of the way in which the definition of "prohibited conduct" in section 2 of the 1998 Act operates.

It is absolutely appropriate that a person who is in receipt of a rent supplement or assistance payment and can meet the rent set by a landlord should not be discriminated against simply because of the source of his or her income. We have a serious housing crisis in Dublin city and elsewhere in the State. This is a reform for which my Department can and has taken responsibility. It does not pretend it will solve our housing problems, but it is a small and necessary step in the right direction. I commend the amendments to the House.

Amendment agreed to.
Government amendment No. 16:
In page 4, between lines 38 and 39, to insert the following:
"Amendment of section 3 of Act of 2000
13. Section 3 of the Act of 2000 is amended—
(a) in subsection (1)—
(i) in paragraph (a), by the substitution of "on any of the grounds specified in subsection (2) or, if appropriate, subsection (3B)," for "on any of the grounds specified in subsection (2)", and
(ii) in paragraph (c), by the substitution of "would put a person" for "puts a person",
and
(b) by the insertion of the following subsection after subsection (3A):
"(3B) For the purposes of section 6(1)(c), the discriminatory grounds shall (in addition to the grounds specified in subsection (2)) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8)), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014) or any payment under the Social Welfare Acts and the other is not (the “housing assistance ground").".".
Amendment agreed to.
Government amendment No. 17:
In page 4, between lines 38 and 39, to insert the following:
"Amendment of section 6 of Act of 2000
14. Section 6 of the Act of 2000 is amended—
(a) in subsection (1)(c), by the substitution of "subject to subsection (1A), providing accommodation" for "providing accommodation",
(b) by the insertion of the following subsection after subsection (1):
"(1A) Subsection (1)(c) is without prejudice to—
(a) any enactment or rule of law regulating the provision of accommodation, or
(b) the right of a person providing accommodation to make it a condition of the provision of that accommodation that rent supplement is paid directly to that person.",
and
(c) by the insertion of the following subsection after subsection (7):
"(8) In this section, 'rent supplement' means a payment made under section 198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by a person in respect of his or her residence.".".
Amendment agreed to.
Bill reported with amendments.
Bill recommitted in respect of amendments Nos. 18 and 19.
Government amendment No. 18:
In page 4, between lines 38 and 39, to insert the following:
"Amendment of section 7 of Act of 2000
15. Section 7 of the Act of 2000 is amended—
(a) in subsection (3)(d)(i), by the substitution of the following clause for clause (I):
"(I) the fees for admission or attendance by persons who are citizens of Ireland, nationals of another Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area and persons who are not, or",
(b) in subsection (5)(b)—
(i) in subparagraph (i), by the substitution of "citizens of Ireland, nationals of a Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area" for "nationals of a member state of the European Union", and
(ii) in subparagraph (ii), by the substitution of "such citizens or nationals" for "such nationals",
and
(c) by the insertion of the following subsection after subsection (5):
"(6) In this section, 'member state of the European Economic Area' means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement.".".
Amendment agreed to.
Government amendment No. 19:
In page 4, to delete lines 39 to 43 and substitute the following:
"Short title, collective citation and commencement
16. (1) This Act may be cited as the Equality (Miscellaneous Provisions) Act 2015.
(2) The Pensions Acts 1990 to 2014 and section 2 may be cited together as the Pensions Acts 1990 to 2015.
(3) The Employment Equality Acts 1998 to 2011 and sections 3 to 11 may be cited together as the Employment Equality Acts 1998 to 2015.
(4) The Equal Status Acts 2000 to 2012 and sections 12 to 15 may be cited together as the Equal Status Acts 2000 to 2015.
(5) This Act shall come into operation on such day or days as the Minister for Justice and Equality may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.".
Amendment agreed to.
Bill reported with amendments.
Bill, as amended, received for final consideration and passed.
The Seanad adjourned at 6.10 p.m. until 11.30 a.m. on Tuesday, 14 July 2015.
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