Maman Poulet | Clucking away crookedly through media, politics and life

Changes proposed to Equality legislation

June 25th, 2011 · Equality, Irish Politics

The Minister for Justice, Equality and Defence, Alan Shatter yesterday published the Civil Law (Miscellaneous Provisions) Bill 2011.

The Bill is fairly miscellaneous to be sure – covering matters including Legal Aid, Good Samaritans, bankruptcy, the sale of alcohol, charges for citizenship applications. Essentially it’s a tidying up bill covering loopholes and developments in many legislative areas.

It also contains amendments to Equality legislation and the operations of the Equality Tribunal.

From the memorandum

Section 16 (Amendment of section 78(7)(b) of Act of 1998)
provides for the extension of the deadline for application for
resumption of the hearing in situations where mediation has failed.

Section 17(a) and (b) (Amendment of section 79 of Act of 1998)
and Section 19 (Amendment of section 25 of Equal Status Act 2000)
provide that the Equality Tribunal may, where appropriate and
where the parties do not object, deal with cases on the basis of
written submissions only.

Section 17(c) permits the Equality Tribunal to state a case to the
High Court and avoid further litigation by way of appeal.

Section 18 (Amendment of section 82 of Act of 1998) adjusts the
maximum amount that may be awarded by the Equality Tribunal
in Employment Equality cases to 2 years’ remuneration or €40,000,
whichever is greater, to provide for greater redress in situations of
low-paid employment. This is in line with the EU Equality Directives
which require sanctions, which may comprise the payment of
compensation to the victim, to be effective, proportionate and
dissuasive.

The one which stands out to me is that the Equality Tribunal are to be enabled to deal with cases by examination of written submissions only.

While this may speed up the number of cases being processed by the Tribunal (there is approximately a two year waiting time for a case to be heard) I would be very concerned that it might disadvantage those who do not have legal representation in making a complaint. There is no need to have such representation but many respondents (aka the accused) engage legal assistance in responding. The Tribunal and the Minister must consider what assistance it can provide to complainants who wish to take cases under the Employment Equality Act and Equality Acts (1998-2008) who have communication difficulties, language difficulties or disabilities.

Currently while written communications are provided to the Tribunal in taking a case, an oral hearing subsequently takes place (if the case does not enter mediation) where the complainant can explain verbally their situation to the Tribunal. Considering cases by the means of written documents only may speed things up but it may deny justice to many who are discriminated against in employment and the provision of goods and services.

While the bill states that this will happen where parties do not object and where the Director decides it may appear easier to some complainants to agree because they fear facing the respondents and they may do themselves a disservice in written formats. I’ll be keeping an eye on this.

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Finance No. 3 Bill – debate begins

June 25th, 2011 · Equality, Irish Politics, Same Sex Partnerships

On Wednesday the Finance No. 3 Bill 2011 was debated in Dáil Eireann and passed through second stage without a vote.

The Bill seeks to revise the tax codes which are affected by the Civil Partnership and Certain Rights of Cohabitants Act 2010.  One clause of the bill will give a child whose parents are in a civil partnership the same rights as a child whose parents are married – this means that children of civil partners will be treated the same for inheritance tax as children of a married couple

You can read the debate here.

There was overwhelming positivity in the debate with a few mentions of farmers and the lack of information and consideration on matters of cohabitation. Of particular note is the contribution of John Lyons, (Labour, Dublin North West).  One of two out gay men in the Oireachtas, Deputy Lyons refers to the significance of his election and the major changes there have been in Irish society since 1993.

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Council of Europe releases new report on LGBT rights

June 24th, 2011 · Equality, Irish Politics, LGBT

Yesterday the Council Of Europe released comprehensive research on LGBT rights in Europe. There are 47 states in membership of the Council of Europe and they all are signatories of the European Convention on Human Rights, (but not all of them uphold it.)

The Council of Europe’s Commissioner on Human Rights, Thomas Hammarberg is outspoken on LGBT issues and particularly has been vocal on the rights of transgendered people. (The unit’s work on LGBT issues is accessible here.)

Hammarberg has visited Ireland and expressed concern at the eroding of the equality infrastructure here.   Most recently he criticised Ireland’s lack of legislation on abortion.   Hammarberg’s weekly human rights comments are a must read, last weeks looking at the impact of austerity budgets.

Discrimination on grounds of sexual orientation and gender identity in Europe is based on two years of work combining visits and data gathering conducted by staff in the Council of Europe’s Office on Human Rights together with other research including data from the EU Fundamental Rights Agency

The report not only reflects on the legal situation in each country but also on the response of society to LGBT people and opinions and debates on LGBT issues within member states.  The impact of homophobic discourse and hate crime and the failure of member states to respond to the impact of these is of note as well as issues concerning freedom of assembly and Pride Marches.

Ireland is criticised regarding the failure to provide information on Homosexuality in schools. (However there are recent developments which saw the Minister for Education launch a guide for secondary school principals and an initiative on tackling homophobia in primary schools with Educate Together. )  Further criticisms are made regarding the lack of legislation supporting gender recognition.  Ireland’s legislation support for equality in the provision of services and employment is noted as is the  work on LGBT health issues being located within mainstream health policy.

The report makes recommendations in terms of legislative reforms and also other changes that are required within member states.  The work will inform the human rights visits and audits which are conducted of member states and governments and human rights agencies can expect the COE to continue to raise the matters.

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Fine Gael terminate relationship with Ravi Singh

June 19th, 2011 · Irish Politics

In today’s Sunday Times (behind a paywall) Mark Tighe reports that Fine Gael have dumped ‘guru’ Ravi Singh and Election Mall.

After the website was hacked an investigation with the Data Protection Commissioners took place and it appears that Election Mall refused to cooperate with the investigation and would not provide the logs to the investigators. Oh that’s very naughty!  (Copying the website from one produced for a Brazilian election campaign was bad enough! Allowing it to be hacked was terrible but not co-operating with information on how it was hacked? Tut!)

Fine Gael’s General Secretary Tom Curran told Tighe

Fine Gael has terminated its relationship with Election Mall having reviewed its performance,” he said.  We hope to recruit an Irish provider for internet services in the coming months.”

The article continued wit comment from the Data Protection Commissioners

The DPC confirmed its investigation of the security breach of Fine Gael’s website was hindered by a lack of co-operation by the party’s technology partner. “The investigation encountered some difficulty in accessing information form the entity providing the website,” it said.  “Fine Gael shared our concerns and has taken necessary steps to resolve the matter to the satisfaction of this office. The matter is now closed. “

Irish providers will be choking at the statement from Fine Gael about their search for a new provider, earlier this year there were mentions that Irish providers were not up to the mark and that it was not important.

Election Mall set up their European HQ in Dublin in March.  Wonder if we’ll be seeing more of this photo used?  It’s a personal favourite of mine.

Of course regular readers may not be surprised at all by my interest in this turn of events at all at all. (I am permitted a grin here – a very wide one.)

That’s the end of twolicy too right? Good!

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Cabinet announcement on Magdalenes

June 14th, 2011 · Irish Politics

Just announced by Minister for Justice, Equality and Law Reform. I am not sure what the reaction will be and if if goes far enough. Will update with more.

Update: The advocacy group Justice for Magdalenes have released a statement welcoming the inquiry but have expressed disappointment in the lack of an apology from the government.

          Statement on the Magdalene Laundries

The Government today considered the circumstances of the women and girls
who resided in the Magdalene Laundries.  The Government welcomed the
statement made last week by CORI on behalf of the four congregations, the
Sisters of Our Lady of Charity, the Religious Sisters of Charity, the
Sisters of Mercy and the Good Shepherd Sisters who indicated their
“willingness” to “bring clarity, understanding, healing and justice in the
interests of all the women involved”.  The Government believes it is
essential to fully establish the true facts and circumstances relating to
the Magdalene Laundries as a first step. The following has been agreed:

  1. An Inter-departmental Committee will be established, chaired by an
     independent person, to clarify any State interaction with the
     Magdalene Laundries and to produce a narrative detailing such
     interaction.

  2. The Minister for Justice, Equality and Defence, Alan Shatter TD and
     the Minister of State with responsibility for Disability, Equality,
     Mental Health and Older People, Kathleen Lynch TD are to meet with
     the religious congregations and the groups representing former
     residents of the Magdalene Laundries. Their discussions will include
     addressing the following matters;
        a. The making available by the congregations of all records
           maintained by them with regard to the residents of the
           Magdalene Laundries to enable all available information about
           former residents to be shared with them and also made available
           for appropriate research purposes.
        b. The provision of information concerning the number of persons
           currently residing with or in the care of the religious
           congregations who originally commenced such residence in the
           Magdalene Laundries  and who have remained in their care.
        c. To discuss the putting in place of a restorative and
           reconciliation process and the structure that might be utilised
           to facilitate such process.

The Minister for Justice, Equality and Defence together with the Minister
of State for Disability, Equality, Mental Health and Older People, will now
be following up on this Government decision with the relevant parties.
Consideration is being given to the appropriate independent person to
appoint to chair the Inter-departmental Committee. It was agreed by
government that an initial report should be made to Cabinet on the progress
being made by the Inter-departmental Committee within 3 months of its
establishment.

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