Dáil Éireann Debate, Wednesday - 8 December 2004
13 Mr. Stanton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the views of the Equality Authority on the possible implications of the impact of the Disability Bill 2004 on current equality legislation; and if he will make a statement on the matter. [32555/04]
Amharc ar fhreagraI received a submission from the Equality Authority on the Disability Bill 2004 on 4 November last. A reply has issued to the authority acknowledging receipt of the submission and indicating that the issues raised in it are under consideration.
As the Deputy will be aware, I introduced the Disability Bill in this House on 4 November and I hope that Second Stage will be scheduled for continuation next week. More recently, the Joint Oireachtas Committee on Justice, Equality, Defence and Women's Rights held hearings on the Disability Bill with over 30 interest groups including the Equality Authority. The views of the authority are being examined in the context of further consideration of the Bill for Committee and subsequent Stages before this House.
I thank the Minister of State for his response. Does he agree with the Equality Authority's statement that the provisions of the Equal Status Act are subordinate to the taking of an action required by another statute and that, as such, any action required by the Disability Bill could be used as a defence to any claim under the Equal Status Act? Is he willing to table an amendment to the Disability Bill that would state that nothing in the Bill would diminish legal obligations with respect to people with disabilities imposed under the equality legislation?
These are two different Bills with different objectives and therefore it is not possible to make direct comparisons and cast one against the other. That is not my intention. There are definitions in the Disability Bill that are much narrower than those in the equality legislation and which are for the specific purpose of protecting people with disabilities. Therefore, I do not accept that one should be compared with the other or one should try to emulate what has been achieved in the other.
Is the Minister of State aware that the Equal Status Act exempts the taking of any action required under the Disability Bill and the Comhairle (Amendment) Bill when enacted? Does he agree with the Equality Authority that section 5 of the Disability Bill could be taken to mean that public service providers could argue that they are obliged in certain circumstances not to allocate resources to services envisaged in the Bill and that equality measures could suffer greatly as a result? Will he consider this as a serious issue?
I do not accept that equality measures could suffer greatly or that section 5 or any other section of the Bill is rendered inadequate by the equality legislation.
It is the other way around.
Or the other way around, whichever way it is. Much effort was made to examine the legal consequences of the Disability Bill which provides in a fair and proper way for the interests and rights of people with disabilities. That is the intention and objective of the Bill.
Is the Minister of State saying he disagrees with the Equality Authority in this matter?
I am not saying any such thing. That is a view of the Equality Authority which I have taken on board and am prepared to consider.
