FLAC tells Oireachtas Committee that the Equality Bill is a once-in-a- generation opportunity to combat discrimination and create a more equal society

FLAC (Free Legal Advice Centres) appeared before the Joint Oireachtas Equality Committee on 17^th July as part of the pre-legislative scrutiny of the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024. The General Scheme of the Equality Bill arises from the Review of the Equality Acts. FLAC campaigned for that review and for many of the reforms which are proposed in the General Scheme.

In particular FLAC welcomes that, if passed, the legislation will:

• massively increase the levels of compensation available to victims of discrimination (from €15,000 to €75,000 in cases concerning access to goods services, accommodation and education heard by the WRC),
• allow the WRC to hear discrimination complaints against licensed premises such as pubs and hotels (which are currently dealt with in the District Court which is  less accessible, more adversarial and where there is a risk of costs),
• improve reasonable accommodation for people with disabilities (this proposal should be extended to apply to all providers of goods and services, rather than just certain large businesses and public bodies as the General Scheme currently proposes), and
• extend the very restrictive time limits for making a discrimination complaint from six months to one year. (FLAC believes that the time limits should not begin to run until any internal dispute mechanisms have been resolved).

FLAC has also highlighted the gaps in the General Scheme and where it could be improved. The Equality Bill should ban discrimination on the grounds of socio-economic status and gender identity. It should also bring State bodies like the Guards and the Irish Prison service clearly within the prohibition of discrimination.

FLAC has made a detailed written submission to the Committee which is endorsed by the Irish Network Against Racism and the Irish Council for Civil Liberties.

In her opening statement to Joint Committee, Eilis Barry, FLAC Chief Executive stated:

“FLAC are acutely aware of the limitations in the equality legislation, including gaps in its scope and grounds, procedural issues that make it difficult to make a claim, and the ineffective remedies especially in goods and services cases. We are also aware of the huge demand for information, advice and legal representation, in relation to this complex, convoluted and completely inaccessible legislation.

We are aware of this from the casework arising from our dedicated legal services for the Traveller, Roma and LGBTQI communities, our casework on behalf of people with disabilities, and the numerous NGOs that contact us all the time seeking advice and representation in equality cases…

The significance of the General Scheme cannot be overstated. While it requires improvement and expansion, it will be the most significant reform of the legislation in the last two decades. During that time we have seen a worrying rise in discrimination, prejudice and intolerance in this country. This requires strengthened equality legislation, which gives effect to our Constitution’s guarantee of equality before the law and EU requirements. Equality legislation is the expression and repository of our shared values of respect and dignity - values that underpin our belief in human worth. The ambition we bring to this legislation is a measure of our concern for creating and progressing a caring, inclusive and flourishing society.

Some of the measures outlined in the General Scheme have the potential to breathe fresh life into the prohibition of discrimination and to encourage the development of a culture of compliance with equality law. If enacted as it is currently drafted, the Bill will have a very positive impact, especially for Travellers and people with disabilities.”