Irish Human Rights and Equality Commission Act 2014

PART 1 Preliminary and General

1. Short title, collective citation, construction and commencement

1.(1) This Act may be cited as the Irish Human Rights and Equality Commission Act 2014.

(2) The European Convention on Human Rights Act 2003 and Part 5 may be cited as the European Convention on Human Rights Acts 2003 and 2014.

(3) This Act shall come into operation on such day or days as the Minister 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 different provisions, and for the repeal of different provisions of the enactments effected by section 7.

2. Interpretation

2.(1) In this Act—

“Act of 1998” means the Employment Equality Act 1998;

“Act of 2000” means the Equal Status Act 2000;

“Act of 2003”, other than in Part 5, means the Intoxicating Liquor Act 2003;

“advisory committee” means a committee appointed by the Commission under section 18;

“Chief Commissioner” has the meaning assigned to it by section 12;

“Commission” has the meaning assigned to it by section 9;

“Council Regulation 168/2007” means Council Regulation (EC) No. 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights^2;

“dignity” means, in relation to a person, the inviolable intrinsic value, equal to other persons, that the person has and includes the recognition by other persons of such value with respect of that person;

“Director” means the Director of the Commission;

“discriminate”, in so far as it relates to—

(a) matters to which the Act of 1998 relate, has the meaning it has in the section 6 of that Act, and

(b) matters to which the Act of 2000 relate, has the meaning it has in section 3(1) or 4(1) of that Act,

and includes the issuing of an instruction to discriminate and prohibited conduct;

“discriminatory grounds” in so far as it relates to—

(a) matters to which the Act of 1998 relate, has the meaning it has in the section 6(1) of that Act, and

(b) matters to which the Act of 2000 relate, has the meaning it has in section 3(2) of that Act;

“enactment” means a statute or an instrument made under a power conferred by statute;

“equality action plan” and “equality review” have the meanings respectively assigned to them by section 29;

“European Union Agency for Fundamental Rights” means the agency established under Council Regulation 168/2007;

“human rights”, other than in Part 3, means—

(a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution,

(b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party, and

(c) without prejudice to the generality of paragraphs (a) and (b), the rights, liberties and freedoms that may reasonably be inferred as being—

(i) inherent in persons as human beings, and

(ii) necessary to enable each person to live with dignity and participate in the economic, social or cultural life in the State;

“inquiry” means an inquiry conducted by the Commission under section 35;

“Minister” means the Minister for Justice and Equality;

“prescribed” means prescribed by regulations made by the Minister;

“prohibited conduct” has the meaning it has in section 2 of the Act of 2000;

“public body” means—

(a) a Department of State (other than, in relation to the Department of Defence, the Defence Forces) for which a Minister of the Governme1nt is responsible,

(b) a local authority within the meaning of the Local Government Act 2001,

(c) the Health Service Executive,

(d) a university or institute of technology,

(e) an education and training board established under section 9 of the Education and Training Boards Act 2013,

(f) any other person, body or organisation established—

(i) by or under an enactment (other than the Companies Acts) or charter,

(ii) by any Scheme administered by a Minister of the Government, or

(iii) under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government,

(g) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government,

(h) any other person, body, organisation or group financed wholly or partly out of moneys provided by the Oireachtas that stands prescribed for the time being (being a person, body, organisation or group that, in the opinion of the Minister, following consultation with the Commission, ought, in the public interest and having regard to the provisions and spirit of this Act, to be prescribed);

“selection panel” means a panel of persons appointed by the Service under section 13;

“Service” means the Public Appointments Service.

(2) In this Act a reference to “relevant agencies and civil society” includes a reference to—

(a) non-governmental organisations concerned with the promotion or protection of human rights or equality, including organisations specialising in the promotion of economic and social development,

(b) trade unions and other business, professional and social organisations,

(c) third level institutions and other experts in education,

(d) religious bodies, secular bodies (within the meaning of the Civil Registration (Amendment) Act 2012) or other groups that are representative of religious thought and beliefs or philosophical beliefs, and

(e) public bodies.

3. Regulations

3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, without prejudice to the validity of anything previously done thereunder.

4. Expenses

4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Service of documents

5.(1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it in person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(2) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

6. Penalties

6. (1) A person guilty of an offence under this Act (other than an offence under section 33 or 36) shall be liable—

(a) on summary conviction to a class C fine or to imprisonment for a term not exceeding 1 year or to both, or

(b) on conviction on indictment, to a fine not exceeding €32,000 or to imprisonment for a term not exceeding 2 years or to both.

(2) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) Where the affairs of a body corporate are managed by its members, subsection (2) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commission.

7. Repeals

7. Each of the Acts specified in column (1) and column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule.

PART 2 Irish Human Rights and Equality Commission

8. Establishment day

8. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.

9. Establishment of Irish Human Rights and Equality Commission

9. (1) There shall stand established on the establishment day, a body which shall be known, in the Irish language as Coimisiún na hÉireann um Chearta an Duine agus Comhionannas or, in the English language, the Irish Human Rights and Equality Commission (in this Act referred to as the “Commission”), to perform the functions conferred on it by or under this Act.

(2) The Commission shall, subject to the provisions of this Act, be independent in the performance of its functions.

(3) Notwithstanding the generality of subsection (2), the Commission shall in the performance of its functions have regard to, and be guided by, best international practice applicable to national human rights institutions and to equality bodies.

(4) The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform have the power to acquire, hold and dispose of land or an interest in land, and shall have the power to acquire, hold and dispose of any other property.

(5) The seal of the Commission shall be authenticated by the signatures of—

(a) the Chief Commissioner, or another member of the Commission authorised by it to act on its behalf, and

(b) a member of staff of the Commission authorised by it to act in that behalf.

(6) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such an instrument without further proof.

10. Functions of Commission

10.(1) The functions of the Commission shall be—

(a) to protect and promote human rights and equality,

(b) to encourage the development of a culture of respect for human rights, equality, and intercultural understanding in the State,

(c) to promote understanding and awareness of the importance of human rights and equality in the State,

(d) to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and

(e) to work towards the elimination of human rights abuses, discrimination and prohibited conduct.

(2) The Commission shall, in furtherance of the functions referred to in subsection (1), have, in addition to the functions assigned to it by any other provision of this Act or of any other enactment, the following functions:

(a) to provide information to the public in relation to human rights and equality generally including information in respect of the enactments to which section 30 refers;

(b) to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality;

(c) either of its own volition or on being so requested by a Minister of the Government, to examine any legislative proposal and report its views on any implications for human rights or equality;

(d) either of its own volition or on being so requested by the Government, to make such recommendations to the Government as it deems appropriate in relation to the measures which the Commission considers should be taken to strengthen, protect and uphold human rights and equality in the State;

(e) to apply to F2[the High Court, the Court of Appeal or the Supreme Court] for liberty to appear before F2[the High Court, the Court of Appeal or the Supreme Court], as amicus curiae in proceedings before that court that involve or are concerned with the human rights or equality rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion);

(f) to provide such practical assistance, including legal assistance, to persons in vindicating their rights as it sees fit in accordance with section 40;

(g) where it sees fit, to institute proceedings under section 41 or section 19 of the Act of 2003, as may be appropriate;

(h) to consult with such national, European Union or international bodies or agencies having a knowledge or expertise in the field of human rights or equality as it sees fit;

F3[(ha) without prejudice to the generality ofparagraph (b)or(h), to promote and monitor the implementation in the State of the Convention on the Rights of Persons with Disabilities done at New York on 13 December 2006;]

(i) to be the body designated for the purposes of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers^3;

F1[(ia) to be, and to carry out the tasks of, the national rapporteur referred to in Article 19 of Directive 2011/36/EU of the European Parliament and of the Council of 5 April 20112 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA;]

(j) to undertake, sponsor, commission or provide financial or other assistance for research and educational activities;

(k) to provide or assist in the provision of education and training on human rights and equality issues;

(l) either of its own volition or at the request of the Minister, to undertake, sponsor, commission, or provide financial or other assistance for programmes of activities and projects for the promotion of integration of migrants and other minorities, equality (including gender equality) and respect for diversity and cultural difference;

(m) to carry out equality reviews and prepare equality action plans or to invite others to do so, where appropriate, pursuant to section 32;

(n) to assist public bodies in accordance with section 42;

(o) to conduct inquiries under and in accordance with section 35;

(p) to prepare and publish, in such manner as it sees fit, reports including reports on any research undertaken, sponsored, commissioned or assisted by it under paragraph (j) or in relation to inquiries referred to in paragraph (o);

(q) to participate in the Joint Committee with the Northern Ireland Human Rights Commission in accordance with the Multi-Party Agreement annexed to the British-Irish Agreement (within the meaning of the British-Irish Agreement Act 1999);

(r) to perform such other functions transferred to it under section 44.

(3) Without prejudice to the generality of section 9(2), the Commission shall exercise its functions under this Act with a view to encouraging and supporting the development of a society in which—

(a) there is respect for, and protection of, each person’s human rights,

(b) there is respect for the dignity and worth of each person,

(c) a person’s ability to achieve his or her potential is not limited by prejudice, discrimination, neglect or prohibited conduct,

(d) each person has a fair and equal opportunity to participate in the economic, political, social or cultural life of the State, and

(e) there is mutual respect between persons, including classes of persons, based on a shared understanding of the value of diversity within society and on a shared respect for equality and human rights.

(4) The Commission shall, in the exercise of its functions under Part 3, exercise those functions in a manner which it considers to be most appropriate and proportionate in the circumstances.

(5) The Commission shall have all such powers as are necessary or expedient for the performance of its functions.

(6) The Commission may perform any of its functions through or by any member of the staff of the Commission duly authorised in that behalf by the Commission.

11. Conferral of additional functions on Commission

11.(1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, and with the agreement of the Commission, confer on the Commission, by order, such additional functions connected with the functions for the time being of the Commission as he or she thinks fit, subject to such conditions (if any) as may be specified in the order.

(2) An order under this section may contain such incidental, supplemental and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order.

(3) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, without prejudice to the validity of anything previously done thereunder.

12. Membership of Commission

12.(1) The Commission shall consist of not more than 15 and not less than 12 members, one of whom shall be the Chief Commissioner of the Commission.

(2) Of the members of the Commission, not less than 6 of them shall be men and not less than 6 of them shall be women, and in a case where there are 14 or more members, not less than 7 of them shall be men and not less than 7 of them shall be women.

(3) Each member of the Commission shall be appointed by the President, in accordance with section 13, and shall hold office for such period not exceeding 5 years as the President, on the advice of the Government, may determine when appointing him or her.

(4) Each member of the Commission shall hold his or her office on such terms and conditions as are determined by the Government at the time of his or her appointment and shall, subject to subsection (9), be eligible for re-appointment for a further term not exceeding 5 years.

(5) The Commission may act notwithstanding any vacancy among its members (including one or more vacancies that result in subsection (1) or (2) not being complied with).

(6) Of the persons who on establishment day are to comprise the members of the Commission—

(a) 7 such members shall be appointed for a term of 3 years, and

(b) 8 such members, including the Chief Commissioner, shall be appointed for a term of 5 years.

(7) A person who was appointed by the Government on 16 April 2013 to the Human Rights Commission may, on the establishment day, be appointed to be a member of the Commission.

(8) Subject to subsection (9), a member of the Commission whose term of office expires with the passage of time shall be eligible for re-appointment to the Commission.

(9) A member of the Commission who has served 2 terms of office shall not be eligible for re-appointment to the Commission, and a period during which a person serves as a member of the Commission pursuant to an appointment under section 15 shall be deemed for the purposes of this subsection to be a term of office.

(10) For the purposes of subsection (9), one or more terms of office as a member of—

(a) the Human Rights Commission, or

(b) the Equality Authority, shall be deemed to be a term of office and shall be reckoned as one term of office only, however, where the term of office ends on or immediately before the establishment day, such term shall not be deemed to be a term of office and, accordingly shall not be reckoned for the purposes of the subsection.

(11) Notwithstanding the generality of subsection (9), a person who has served 2 terms of office shall be eligible for re-appointment to the Commission after a period of 5 years has elapsed immediately following the expiry of the most recent term of office of the person as a member of the Commission.

13. Appointment of members of Commission

13.(1) A member of the Commission shall be appointed by the President—

(a) on the advice of the Government, and

(b) following the passing of a resolution of each House of the Oireachtas recommending the appointment.

(2) Where a vacancy arises, or is anticipated will arise, on the Commission, the Government shall, for the purposes of identifying persons and making recommendations to the Government in respect of those persons for appointment as members of the Commission, invite the Service to undertake a selection competition.

(3) The Service shall, subject to subsection (4), appoint a selection panel.

(4) Of the members of the selection panel, one of them shall be nominated by the Director of the European Union Agency for Fundamental Rights.

(5) The Service shall appoint the members of the selection panel from amongst persons who, in the opinion of the Service, have relevant experience of, and expertise in relation to, matters connected with any or all of the following:

(a) human rights matters or law;

(b) equality matters or law;

(c) public sector administration and reform;

(d) board management and corporate governance.

(6) The Minister shall agree with the Service the selection criteria and process to be implemented in respect of the filling of any vacancy on the Commission.

(7) A vacancy on the Commission shall be advertised publicly and shall include details of the agreed selection criteria for the filling of the vacancy and the process to be implemented in respect of the filling of that vacancy.

(8) The Service may adopt such procedures as it thinks fit to carry out its functions under this section.

(9) A person shall not be recommended for appointment by the President under this section unless the person is, in the opinion of the Service and the Government agrees, suitably qualified for such appointment by reason of his or her possessing such relevant experience, training or expertise as is appropriate having regard in particular to the functions conferred on the Commission by or under this Act.

(10) The Service shall provide the Government with particulars of experience, training and expertise of the person whom it recommends under this section.

(11) Where the Service makes a recommendation for the appointment of a person to the Commission, the Government shall accept that recommendation.

(12) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Service of a particular person, it shall inform the Service of that fact and the reasons for it and shall request the Service to make another recommendation in respect of the vacancy and, the Service shall—

(a) consider the Government’s reasons, and

(b) unless the Service disagrees with the reasons and wishes to make representations to the Government in that behalf, make another recommendation for appointment to the Commission.

(13) In making recommendations for appointment of persons to the Commission under this section, the Service, and the Government shall have regard to the need to ensure that the members of the Commission broadly reflect the nature of Irish society and that such persons possess knowledge of, or experience in—

(a) matters connected with human rights, and

(b) without prejudice to the generality of paragraph (a),matters connected with persons or classes of persons who are disadvantaged by reference to the following factors:

(i) gender;

(ii) civil status;

(iii) family status;

(iv) sexual orientation;

(v) religious belief;

(vi) age;

(vii) disability;

(viii) race, including colour, nationality, ethnic or national origin;

(ix) membership of the Traveller community.

(14) In this section the factors specified in subparagraphs (ii), (iii), (iv), (v), (vii) and (ix) of subsection (13) have the meanings they have in section 2 of the Act of 1998.

14. Conditions of office of membership of Commission

14.(1) A member of the Commission may resign from office by notice in writing given to the President and the resignation shall take effect on the day on which the President receives the notice.

(2) The Government may remove a member of the Commission from office, but only on one or more of the following grounds:

(a) the member has, without reasonable excuse, failed to discharge his or her functions for a continuous period of not less than 3 months prior to the date of the dismissal beginning not earlier than 6 months before the date of dismissal;

(b) the member has become incapable through ill health of performing his or her functions or has committed stated misbehaviour;

and then, and only then, where a resolution is passed by both Houses of the Oireachtas calling for the member’s removal.

(3) A member of the Commission shall cease to be qualified for office and shall cease to hold office if he or she—

(a) is an undischarged bankrupt, or

(b) is convicted of a criminal offence.

(4) A member of the Commission shall, subject to the provisions of this Act, hold office on such terms and conditions as are determined by the Government at the time of his or her appointment.

15. Casual vacancies

15.(1) If a member of the Commission dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the President may appoint a person to be a member of the Commission to fill the casual vacancy so occasioned in the same manner as the member of the Commission who occasioned the casual vacancy was appointed.

(2) Sections 12(4) and 13 shall, with any necessary modifications, apply to the appointment of a person to be a member of the Commission under this section as it applies to the appointment of a person to be a member of the Commission under that section.

16. Meetings and procedure

16.(1) The Commission shall hold such and so many meetings as may be necessary for the due fulfilment of its functions but in each year shall hold not less than one meeting in each period of 3 months.

(2) At a meeting of the Commission—

(a) the Chief Commissioner shall, if present, be the chairperson of the meeting, or

(b) if and so long as the Chief Commissioner is not present, or if the office of Chief Commissioner is vacant, the members of the Commission who are present shall choose one of the number to act as the chairperson of the meeting.

(3) Every question at a meeting shall be determined by a majority of the votes of the members of the Commission present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

(4) The quorum for a meeting of the Commission shall be 5 or such other number, not being less than 5 as the Commission may determine.

(5) Subject to the provisions of this Act, the Commission shall regulate its own procedures.

17. Membership of Management Board of European Union Agency for Fundamental Rights

17. (1) The Commission shall appoint from amongst its membership a person to be a member of the Management Board of the European Union Agency for Fundamental Rights.

(2) In this section, “Management Board” has the meaning it has in Council Regulation 168/2007.

18. Advisory committees, etc.

18. (1) The Commission shall, for the purpose of establishing and maintaining effective co-operation with representatives of relevant agencies and civil society—

(a) appoint such and so many advisory committees as it thinks fit to assist and advise it on matters relating to its F4[functions,]

F5[(aa) without prejudice to the generality ofparagraph (a), appoint an advisory committee to assist and advise it on matters relating to its functions undersection 10(2)(ha), and]

(b) support, establish or participate in such networks, public consultation processes or public forums, as it sees appropriate.

(2) An advisory committee shall be appointed by the Commission for such period and subject to such terms of reference as the Commission thinks appropriate.

(3) An advisory committee shall consist of—

(a) a presiding member who shall be a member of the Commission,

(b) a vice presiding member (who shall act in the absence of the presiding member and who shall be a member of the Commission), and

(c) such number of other members including (if the Commission considers it appropriate), persons who are not members of the Commission or its staff,

as the Commission may determine and duly appoint.

F5[(3A) In the case of an advisory committee referred to insubsection (1)(aa), at least two-thirds of the number of persons appointed undersubsection (3)shall have, or have had, a disability within the meaning of section 2(1) of the Disability Act 2005.]

(4) Each member of an advisory committee shall be paid out of moneys at the disposal of the Commission such allowance for expenses incurred by the member as the Minister, with the consent of the Minister for Public Expenditure and Reform, may sanction.

(5) A member of an advisory committee may be removed at any time from membership of the committee by the Commission.

(6) The Commission may at any time dissolve an advisory committee.

(7) The Commission may regulate the procedure and business of an advisory committee but, subject to the foregoing, a committee may regulate its own procedures and business.

(8) An advisory committee may act notwithstanding one or more vacancies in its membership.

19. Membership of either House of Oireachtas or European Parliament

19.(1) Where a member of the Commission is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or

(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament,

he or she shall thereupon cease to be a member of the Commission.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the Commission or for employment in any capacity by the Commission.

20. Director

20.(1) There shall be a Director of the Commission (in this Act referred to as the “Director”).

(2) The Director may be removed from office by the Commission for stated reasons.

(3) The Director shall hold office under a written contract of service (which contract may, at the discretion of the Commission, be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as are so specified, as may be determined by the Commission with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform.

(4) The Commission may designate a person to be appointed the first Director.

(5) If immediately before the establishment day, a person stands designated by the Commission under subsection (4), the person shall on the establishment day stand appointed as the first Director.

(6) The Director shall not hold any other office or occupy any other position in respect of which emoluments are payable or carry on any business without the consent of the Commission.

(7) The Director shall not be a member of the Commission or an advisory committee but he or she may attend meetings of the Commission or an advisory committee and shall be entitled to speak at and advise such meetings.

21. Functions of Director

21. (1) The Director shall carry on and manage, and control generally, the administration of the Commission and perform such other functions (if any) as may be determined by the Commission.

(2) The Director shall perform his or her functions subject to such policies as may be determined by the Commission, and shall be accountable to the Commission for the efficient and effective management of the Commission and for the due performance of his or her functions.

(3) The Director shall provide to the Commission such information in relation to the performance of his or her functions (including information with respect of the performance of those functions in so far as they relate to the financial affairs of the Commission) as the Commission may require.

(4) The Director may make proposals to the Commission on any matter relating to its functions.

(5) The Director shall be the accounting officer in relation to the appropriation accounts of the Commission for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.

(6) The Director may, with the consent of the Commission, authorise one or more members of staff of the Commission to perform a specified function of the Director and such member or members so authorised may perform the function accordingly.

(7) The Commission may designate a member of the staff of the Commission to perform the functions of Director in the absence of the Director or where the position of Director is vacant, and a member so designated shall in such absence or upon such position being vacant, perform those functions.

22. Accountability of Director to Public Accounts Committee

22.(1) The Director shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to that Committee in relation to—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare,

(b) the economy and efficiency of the Commission in the use of its resources,

(c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993, or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b), or (c)) that is laid before Dáil Éireann.

(2) In the performance of his or her duties under this section, the Director shall not question or express an opinion on the merits of any policy of the Government or any Minister of the Government or on the merits of the objectives of such a policy.

23. Accountability of Director to other Oireachtas Committees

23. (1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 22 or a Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee.

(2) Subject to subsection (3), the Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission.

(3) The Director shall not be required to give account before a Committee for any matter which is or has been or may be at a future date, the subject of proceedings before a court or tribunal in the State.

(4) Where the Director is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at the time when the Director is before it, the information shall be so conveyed in writing.

(5) Where the Director has informed a Committee of this opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to the subject matter of that opinion—

(a) the Director may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in summary manner for determination of the question whether the matter is one to which subsection (3) applies, or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court shall determine the matter.

(6) Pending the determination of an application under subsection (5), the Director shall not attend before the Committee to give account for the matter that is the subject of the application.

(7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2) but if the High Court determines that subsection (3) does not apply, the Director shall attend before the Committee to give account for the matter.

24. Staff of Commission

24. (1) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may determine.

(2) The terms and conditions of service of a member of the staff of the Commission and the grade at which he or she serves shall be such as may be determined by the Commission with the consent of the Minister and the Minister for Public Expenditure and Reform.

(3) A member of staff of the Commission shall be a civil servant in the Civil Service of the State.

(4) The Commission shall be the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 2005) in relation to its officers.

(5) The Commission may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure and Reform, make arrangements with—

(a) a public body, or

(b) any other person, organisation, group or body, including a company or charitable body, for the engagement with the Commission on a temporary basis a person in the service of, or employed by, as the case may be, that public body or person, organisation, group or body referred to in paragraph (b) for such period of time and on such terms and conditions as may be agreed by the Minister, with the consent of the Minister for Public Expenditure and Reform.

(6) A person who is engaged on a temporary basis with the Commission pursuant to subsection (5) shall be under the direction and control of the Commission during the period of temporary engagement.

25. Strategy statement

25. (1) The Commission shall—

(a) not later than 6 months after the commencement of this section, prepare a strategy statement in respect of the 3 years immediately following the year in which the strategy statement is so submitted, and

(b) not later than 3 months before each third anniversary of the preparation in accordance with this subsection of the strategy statement for the time being in effect, prepare a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so prepared.

(2) A strategy statement shall—

(a) comprise—

(i) the key objectives and related strategies, including the use of resources of the Commission, and

(ii) having had regard to subparagraph (i), the key priorities and objectives of the Chief Commissioner for his or her term of office, and

(b) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Commission.

(3) The Commission shall, in preparing a strategy statement, consult in such manner as the Commission considers appropriate with such bodies and groups as it sees fit including but not limited to educational institutions, representatives of relevant agencies and civil society, Departments of State and other public bodies.

(4) The Commission shall as soon as may be after the preparation of a strategy statement under subsection (1) cause copies of it to be laid before each House of the Oireachtas.

(5) The Commission shall ensure that, as soon as practicable after copies of a strategy statement are laid before both Houses of the Oireachtas in accordance with subsection (4), the strategy statement is published in such manner as the Commission considers appropriate.

26. Grants to Commission

26.In each financial year, the Minister may, after consultation with the Commission, advance to the Commission out of moneys provided by the Oireachtas such sums as appear to the Minister, with the consent of the Minister for Public Expenditure and Reform, to be reasonably sufficient for the purposes of expenditure by the Commission in the performance of its functions.

27. Accounts of Commission

27. (1) The Commission shall keep in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform all proper and usual accounts of all money received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister, with the consent of the Minister for Public Expenditure and Reform, may direct.

(2) Accounts kept in accordance with this section shall be submitted, not later than 1 April in the year immediately following the financial year to which they relate, or on such earlier date as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall, as soon as may be after they are so presented, cause copies thereof to be laid before each House of the Oireachtas.

28. Annual report

28. (1) The Commission shall not later than 6 months after the end of each financial year of the Commission prepare a report on its activities during that year, and the Commission shall as soon as may be after preparing the report, cause copies to be laid before each House of the Oireachtas.

(2) A report under subsection (1) shall include information on the performance of the functions of the Commission during the period to which the report relates and without prejudice to the generality of the foregoing, shall include—

(a) an account of—

(i) any equality review carried out,

(ii) any action plan prepared,

(iii) any inquiry conducted, and

(iv) the performance of its functions under section 42 and any review carried out by it under subsection (7) of that section,

in that period,

(b) an account of its activities and any developments undertaken by the Commission in relation to the operation of the Employment Equality Acts 1998 to 2011 in the period, and

(c) such other information in such form as the Commission thinks fit or the Minister may request.

(3) The Commission shall ensure that, as soon as practicable after copies of an annual report are laid before both Houses of the Oireachtas in accordance with subsection (1), the annual report is published in such manner as the Commission considers appropriate.

PART 3 Enforcement and Compliance

29. Definitions for purposes of this Part

29. In this Part—

“equality clause” has the meaning it has in the Act of 1998;

“equality action plan” means a programme of actions that is prepared by an undertaking or, as the case may be, by the Commission, to be implemented in the undertaking to further the promotion of equality of opportunity therein;

“equality and human rights compliance notice” means a notice under section 36 (or where such notice is appealed, the notice as confirmed (with or without amendment) by the Labour Court or the District Court, or the Circuit Court as may be appropriate);

“equal remuneration term” has the meaning it has in the Act of 1998;

“equality review” means—

(a) an audit of the level of equality of opportunity which exists in a particular undertaking, group of undertakings or the undertakings making up a particular industry or sector thereof, and

(b) an examination of the practices of, procedures in, and other relevant factors (including the working environment) material to that undertaking or those undertakings to determine whether those practices, procedures or other relevant factors are conducive to the promotion of equality of opportunity in that undertaking;

“group of undertakings” includes a group of undertakings so defined by reference to any number of relevant factors including geographical location or control;

“human rights” means—

(a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution,

(b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party and which has been given the force of law in the State or by a provision of any such agreement, treaty or convention which has been given such force, and

(c) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Convention provisions within the meaning of the European Convention on Human Rights Act 2003;

“substantive notice” means a notice under section 33(1) or (2) (or where such notice is appealed, the notice as confirmed (with or without amendment) by the Labour Court or the District Court, or the Circuit Court, as may be appropriate);

“undertaking” includes—

(a) an activity giving rise to employment, whether or not in the industrial or commercial sector and whether or not with a view to profit, and

(b) subject to subparagraph (ii), the provision of services by the provider of a service within the meaning of section 4(6) of the Act of 2000 and accordingly this Part shall apply in relation to the provision of such services with the modifications that—

(i) the reference in paragraph (a) of the definition of “equality review” to a particular undertaking shall include a reference to the provision of particular services, and

(ii) the references in section 32(2) to an undertaking shall include a reference to a provider of a service (within the meaning of the said section 4(6) other than paragraph (f) thereof),

and any other necessary modifications.

30. Provision of information to public, review of operation of certain enactments, etc.

30. (1) The Commission shall—

(a) provide information to the public and keep under review the effectiveness of any enactments relating to the protection and promotion of human rights and equality, and

(b) without prejudice to the generality of paragraph (a), provide information to the public and keep under review the effectiveness of the working of—

(i) the Employment Equality Acts 1998 to 2011,

(ii) the Equal Status Acts 2000 to 2012, and

(iii) section 19 of the Act of 2003, and, whenever it thinks necessary, make proposals to the Minister for amending any of the enactments referred to in paragraphs (a)and (b).

(2) The Commission may, if it thinks fit, and shall, if requested by the Minister, carry out a review of the working or effect of any enactment referred to in subsection (1) and may make such recommendations as it sees fit following such review.

(3) The Commission shall keep under review the working of the Pensions Act 1990in so far as it relates to the principle of equal treatment and may, whenever it thinks necessary, make recommendations to the Minister for Social Protection in relation to that Act.

(4) Where in the opinion of the Commission the working or effect of any of the enactments for the time being specified in subsections (1) to (4) of section 17 of the Act of 1998 or of any provision contained in or made under any such enactments is likely to affect or impede the elimination of discrimination in relation to employment or the promotion of equality of opportunity in relation to employment—

(a) between men and women, or

(b) between persons who differ in terms of any of the other discriminatory grounds,

the Commission may, if it thinks fit, and shall if so requested by the Minister carry out a review of the enactment concerned or a provision of it or of its working or effect.

(5) For the purposes of assisting it in carrying out a review under this section, the Commission shall consult such persons, groups and organisations (including organisations of trades unions and of employers) as it considers appropriate.

(6) Where the Commission carries out a review under this section, it—

(a) may, or

(b) shall—

(i) where the Minister has requested the review, or

(ii) where the Minister for Social Protection has requested the review pursuant to subsection (3), make a report of the review to the Minister.

(7) A report under subsection (6) may include such recommendations (including recommendations for the amendment of any enactment or any provision of it that is the subject of the review) as the Commission considers necessary.

31. Codes of practice

31. (1) The Commission may, and shall, if so requested by the Minister, prepare for submission to the Minister draft codes of practice in furtherance of one or more of the following aims:

(a) the protection of human rights;

(b) the elimination of discrimination;

(c) the promotion of equality of opportunity in employment;

(d) the promotion of equality of opportunity in relation to those matters to which the Act of 2000 applies.

(2) Before submitting a draft code of practice to the Minister under subsection (1), the Commission shall consult with such other Minister of the Government or such other person or body as the Commission considers appropriate, or as the Minister may recommend.

(3) After a draft code of practice has been submitted under subsection (1), the Minister may by order declare that the draft code—

(a) is an approved code of practice for the purposes of this Act, or

(b) as amended by the Minister after consultation with the Commission, is an approved code of practice for the purposes of this Act,

and an order under this subsection shall set out the text of the approved code to which the order relates.

(4) A code of practice under section 56 of the Act of 1998 in operation immediately before the commencement of this section shall—

(a) remain in operation after such commencement, and

(b) be deemed to be an approved code of practice for the purposes of this section, and may be amended or revoked by order of the Minister.

(5) A code of practice standing approved under this section (including a code of practice to which subsection (4) applies) shall be admissible in evidence—

(a) in proceedings before a court, or

(b) in the case of proceedings under Part VII of the Act of 1998 or Part III of the Act of 2000, before the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal, the Director of the Equality Tribunal, or a rights commissioner.

32. Equality reviews and equality action plans

32. (1) The Commission may invite a particular undertaking, group of undertakings or the undertakings making up a particular industry or sector thereof to—

(a) carry out an equality review in relation to that undertaking or those undertakings, or

(b) prepare and implement an equality action plan in respect of that undertaking or those undertakings,

or both.

(2) The Commission may, if it thinks it appropriate, itself—

(a) carry out an equality review, or

(b) prepare an equality action plan,

in relation to any undertaking of 50 or more employees or group of such undertakings or such undertakings making up a particular industry or a sector thereof.

(3) An equality review or equality action plan may relate to—

(a) equality of opportunity generally, or

(b) a particular aspect of discrimination,

within an undertaking or group of undertakings or undertakings making up a particular industry or a sector thereof.

(4) Where an equality review or equality action plan relates to matters that are covered by both—

(a) the Act of 1998, and

(b) the Act of 2000,

the review or the action plan, as the case may be, shall deal separately with those matters and each part of the review or plan, as the case may be, shall be treated as a separate equality review plan or equality action plan, as the case may be.

F6[(5) Arising out of the operation of section 20A of the Employment Equality Act 1998 as read with regulations made thereunder, the Minister may request the Commission to consider exercising its powers under this section in relation to a particular undertaking, group of undertakings or the undertakings making up a particular industry or sector thereof and the Commission shall comply with such request.]

33. Substantive notices

33. (1) Without prejudice to the generality of section 32, where the Commission considers it appropriate to do so for the purposes of an equality review or preparing an equality action plan in respect of an undertaking under section 32, the Commission may serve a substantive notice on a person—

(a) requiring any person so served to supply to the Commission such information as may reasonably be required by the Commission as is specified in the notice,

(b) requiring any person so served to produce or send to the Commission such document as is specified in the notice and is within his or her possession or control,

however, nothing in this subsection shall be construed to entitle the Commission to require information or documentation relating to an undertaking with fewer than 50 employees.

(2) If it appears to the Commission that there is a failure in any undertaking or undertakings to implement any provision of an equality action plan (irrespective of whether the plan is prepared by the Commission or by the undertaking itself), the Commission may serve a substantive notice on a person requiring any person so served to take such action as—

(a) is specified in the notice,

(b) is reasonably required for the implementation of the plan, and

(c) is within that person’s power to take.

(3) Before serving a substantive notice on a person under subsection (1) or (2), the Commission shall notify the person in writing of the proposal to serve the substantive notice and the proposed contents of that notice.

(4) A person who is notified under subsection (3) may, within 42 days of the receipt of the notification, make representations to the Commission about the proposed substantive notice.

(5) The Commission shall have regard to any representations made to it under subsection (4) in assessing whether to proceed with the service of the substantive notice.

(6) A substantive notice shall, unless an appeal is brought under section 34, come into operation on the expiry of 56 days from the service of the substantive notice.

(7) A person who fails to comply with a substantive notice shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding 1 year or both.

34. Appeal of substantive notice

34. (1) A person on whom a substantive notice has been served may within 42 days of service of the notice appeal to—

(a) the Labour Court, or

(b) in the case of a notice that concerns an equality review or an equality action plan or a proposed review or plan which relates to matters to which the Act of 2000 applies, the District Court,

in respect of the notice or any requirement therein.

(2) Where an appeal is brought under this section, the Labour Court, or the District Court, as the case may be, may—

(a) confirm the notice in whole or in part (with or without amendment of that notice), or

(b) allow the appeal.

(3) Where the Labour Court or the District Court, as the case may be, allows the appeal, the substantive notice shall cease to have effect.

(4) Where the Labour Court, or the District Court, as the case may be, confirms a substantive notice, the notice as so confirmed, shall unless an appeal is brought under subsection (5) come into operation on the expiry of 56 days of the date of confirmation or such later date as the Court may determine.

(5) A person may within 42 days appeal a confirmation of a substantive notice by the Labour Court or the District Court, as the case may be, to the Circuit Court.

(6) Where the Circuit Court allows the appeal, the substantive notice shall cease to have effect.

(7) Where the Circuit Court confirms the substantive notice (in whole or in part, with or without amendment), the notice as so confirmed shall come into operation on such date as the Circuit Court shall determine.

(8) Any of the parties concerned may appeal a determination of the Circuit Court to the High Court on a point of law and the determination of the High Court on such an appeal in respect of the point of law shall be final and conclusive.

(9) The jurisdiction conferred on the District Court or the Circuit Court, as the case may be, under this section shall be exercised by a judge of that court for the time being assigned to the district court district or circuit, as the case may be, in which the person on whom the substantive notice is served ordinarily resides or carries on any profession, business or occupation.

35. Inquiries

35. (1) The Commission, either of its own volition or if requested by the Minister, may conduct an inquiry if it is considered by the Commission that—

(a) there is, in any body (whether public or otherwise) institution, sector of society, or geographical area, evidence of—

(i) a serious violation of human rights or equality of treatment obligations in respect of a person or a class of persons, or

(ii) a systemic failure to comply with human rights or equality of treatment obligations,

and

(b) the matter is of grave public concern, and

(c) it is in the circumstances necessary and appropriate so to do.

(2) An inquiry may be undertaken by one or more than one member of the Commission.

(3) Before conducting an inquiry under this section, the Commission shall, as soon as may be, prepare terms of reference for the inquiry and an outline of the procedures to be followed for the inquiry.

(4) The Commission shall arrange for a copy of the terms of reference and outline of procedures referred to in subsection (3) to be laid before each House of the Oireachtas.

(5) As soon as may be after the terms and outline of the procedures concerned are laid in accordance with subsection (4) the Commission shall arrange for a notice of those terms and that outline to be published—

(a) in at least one newspaper circulating in the State, and

(b) in such other manner as the Commission considers appropriate.

(6) In conducting an inquiry the Commission shall to the greatest possible extent consistent with its duties under this Act—

(a) seek the voluntary co-operation of persons whose evidence is desired for the purposes of the inquiry, and

(b) facilitate such co-operation.

(7) The Commission shall conduct its inquiry as expeditiously as is consistent with its duties under this Act.

(8) The provisions of Schedule 2shall have effect in relation to inquiries undertaken by the Commission.

36. Equality and human rights compliance notices

36. (1) Where in the course of an inquiry or after such inquiry has been conducted, the Commission is satisfied that any person—

(a) has discriminated or is discriminating,

(b) has contravened or is contravening section 8(4) or 10(1) of the Act of 1998 or section 12(1) of the Act of 2000,

(c) has failed or is failing to comply with an equality clause or an equal remuneration term, or

(d) has violated or is violating human rights,

the Commission may serve an equality and human rights compliance notice on the person.

(2) Before serving an equality and human rights compliance notice on a person under subsection (1), the Commission shall give the person notice (in this section referred to as “advance notice”) of the proposal to serve the equality and human rights compliance notice and the advance notice shall—

(a) specify the act or omission constituting the discrimination, contravention, failure or violation referred to in subsection (1) to which the notice relates, and

(b) inform the person that he or she may make representations to the Commission in accordance with subsection (3).

(3) A person who is served with an advance notice may, within 42 days of the receipt of the notice, make representations to the Commission about the proposed equality and human rights compliance notice.

(4) The Commission shall have regard to any representations made to it under subsection (3) in assessing whether to proceed with the service of the equality and human rights compliance notice.

(5) An equality and human rights compliance notice shall—

(a) specify the act or omission constituting the discrimination, contravention, failure or violation referred to in subsection (1) to which the notice relates,

(b) require the person on whom it is served not to commit or to cease committing, as the case may be, the act or omission concerned or where appropriate, to comply with the equality clause or equal remuneration term,

(c) specify, in the case of discrimination, what steps the Commission requires to be taken by the person on whom it is served,

(d) require the person on whom it is served, within the period specified in the notice to inform the Commission and any other persons so specified of the steps taken in order to comply with the notice,

(e) require the person on whom it is served to supply, within the period specified in the notice, such additional information as may be specified in the notice.

(6) An equality and human rights compliance notice shall, unless an appeal is brought under section 37, come into operation on the expiry of 56 days from the service of the notice.

(7) Where a person on whom an equality and human rights compliance notice has been served fails to comply with the notice at any time within a period of 5 years from the date on which the notice comes into operation, he or she shall be guilty of an offence and shall be liable on summary conviction to a class C fine or imprisonment for a term not exceeding 1 year or both.

37. Appeal of equality and human rights compliance notice

37. (1) A person on whom an equality and human rights compliance notice has been served may within 42 days of service of the notice appeal to—

(a) the Labour Court, or

(b) in the case of a notice that relates to prohibited conduct, a contravention of section 12(1) of the Act of 2000 or a matter to which section 36(1)(d)refers, the District Court,

in respect of the notice or any requirement therein.

(2) Where an appeal is brought under this section, the Labour Court, or the District Court, as the case may be, may—

(a) confirm the notice in whole or in part, with or without amendment of that notice, or

(b) allow the appeal.

(3) Where the Labour Court or the District Court, as the case may be, allows the appeal, the equality and human rights compliance notice shall cease to have effect.

(4) Where the Labour Court, or the District Court, as the case may be, confirms an equality and human rights compliance notice, the notice as so confirmed, shall unless an appeal is brought under subsection (5) come into operation on the expiry of 56 days of the date of confirmation or such later date as the Court may determine.

(5) A person may within 42 days appeal a confirmation of an equality and human rights compliance notice by the Labour Court or the District Court, as the case may be, to the Circuit Court.

(6) Where the Circuit Court allows the appeal, the equality and human rights compliance notice shall cease to have effect.

(7) Where the Circuit Court confirms the equality and human rights compliance notice (in whole or in part, with or without amendment), the notice as so confirmed shall come into operation on such date as the Circuit Court shall determine.

(8) Any of the parties concerned may appeal a determination of the Circuit Court to the High Court on a point of law and the determination of the High Court on such an appeal in respect of the point of law shall be final and conclusive.

(9) The jurisdiction conferred on the District Court or the Circuit Court, as the case may be, under this section shall be exercised by a judge of that court for the time being assigned to the district court district or circuit, as the case may be, in which the person on whom the equality and human rights compliance notice is served ordinarily resides or carries on any profession, business or occupation.

38. Register of equality and human rights compliance notices

38. (1) The Commission shall establish and maintain a register of equality and human rights compliance notices for the time being in operation (in this Act referred to as the “register”).

(2) As soon as may be after an equality and human rights compliance notice has come into operation, the Commission shall cause the notice to be entered on the register.

(3) Subject to subsection (4), an equality and human rights compliance notice shall be removed from the register after the expiry of 5 years from the date on which the notice came into operation.

(4) A person who is the subject of an equality and compliance notice may at any time before the expiry of the period referred to in subsection (3) apply to the Commission to have the notice concerned removed from the register and the Commission may, if it considers it appropriate to do, so remove the notice.

(5) An appeal shall lie to the District Court from a refusal by the Commission to remove an equality and human rights compliance notice.

(6) The register shall be made available for inspection by members of the public at all reasonable times at the principal office of the Commission.

(7) The jurisdiction conferred on the District Court under this section shall be exercised by a judge of that court for the time being assigned to the district court district in which the person on whom the equality and human rights compliance notice is served ordinarily resides or carries on any profession, business or occupation.

39. Injunctions for failure to comply with equality and human rights compliance application notice

39.(1) Subject to subsection (2), the Circuit Court may, on the application of the Commission, grant an injunction to prevent discrimination, contravention, failure or violation referred to in section 36(1) by a person specified in the order of the court concerned of a type so specified.

(2) Subsection (1) applies to a case where, in the period of 5 years beginning on the date on which a notice came into operation, the Commission satisfies the Circuit Court that there is a likelihood of a further discrimination, contravention, failure or violation referred to in section 36(1) by the person on whom the notice was served.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person on whom the notice was served ordinarily resides or carries on any profession, business or occupation.

40. Legal and other assistance

40. (1) This section applies to the following (in this section referred to as “proceedings”):

(a) legal proceedings involving law or practice relating to the protection of human rights which a person has instituted or wishes to institute;

(b) legal proceedings in the course of which a person relies on or wishes to rely on such law or practice;

(c) the making of a reference or application under—

(i) this Part,

(ii) Part III of the Act of 2000,

(iii) Part VII of the Act of 1998,

(iv) section 19 of the Act of 2003, or

(v) any legal proceedings resulting from or arising out of a reference or application referred to in subparagraphs (i), (ii), (iii) or (iv),

in circumstances where a person considers that a club referred to in section 8 of the Act of 2000 is a discriminating club within the meaning of that section, or discrimination has been directed against him or her by another person, or that he or she has been adversely affected by the failure or refusal by another person—

(I) to comply with an equality clause or an equal remuneration term,

(II) to implement a decision, order or determination under this Part or Part III of the Act of 2000, or

(III) to implement a mediated settlement under section 78 of the Act of 1998 or section 24 of the Act of 2000.

(2) A person (in this section referred to as the “applicant”) may apply to the Commission for assistance in relation to proceedings to which this section applies.

(3) Where an applicant applies to the Commission for assistance, the Commission may decide to grant to the applicant such assistance as is appropriate on any of the criteria specified in subsection (4) but before making a decision in that regard, the Commission shall consider whether—

(a) the assistance sought could be obtained by the applicant—

(i) under the Civil Legal Aid Act 1995,

(ii) under the Criminal Justice (Legal Aid) Act 1962, or

(iii) by any other means, whether or not provided for by or under any enactment,

or

(b) powers to award redress or grant relief in relation to the matter to which the proceedings relate stand vested in any tribunal or other person and the matter could, in the opinion of the Commission, be more effectively or conveniently dealt with by that tribunal or other person.

(4) Each of the following criteria is specified for the purposes of subsection (3):

(a) the matter to which the proceedings concerned relate raises a question of principle;

(b) it would be unreasonable to expect the person to deal with the matter to which the proceedings concerned relate without assistance because of its complexity or for any other reason;

(c) there are other special circumstances which make it appropriate for the Commission to grant such assistance.

(5) Any arrangements made by the Commission under this section for the provision of legal advice to, or representation for, the applicant may include provision for the recovery of expenses incurred by or on behalf of the Commission in that behalf from the applicant in specified circumstances.

(6) The relationship between a solicitor employed by the Commission or any barrister retained by him or her and a person granted assistance under this section shall be the same as the relationship between a solicitor or barrister and a client who is not such a person.

(7)Subsection (6) is without prejudice to the rights and responsibilities of the Commission and the obligations arising out of the relationship between the Commission and the solicitors employed by it.

(8) For the avoidance of doubt, it is declared that sections 59 and 64 of the Solicitors Act 1954 do not apply in relation to the provision by a solicitor employed by the Commission of assistance under this section.

(9) The powers conferred on the Commission under this section are in addition to and not in substitution for any other power of the Commission to institute proceedings, refer any matter or make any application by or under this Act, the Act of 1998, the Act of 2000 or any other enactment.

(10) In this section—

“assistance” means any or all of the following:

(a) the provision, or the arranging for the provision of, legal advice to the applicant;

(b) the provision, or the arranging for the provision of, legal representation to the applicant;

(c) the provision of such other assistance to the applicant as the Commission deems appropriate in the circumstances;

“person requesting assistance” includes a person to whom assistance is being, or has been, provided under this section;

“relationship” includes rights and privileges arising from the relationship.

41. Institution of legal proceedings by Commission

41. (1) The Commission may institute proceedings in any court of competent jurisdiction for the purpose of obtaining relief of a declaratory or other nature in respect of any matter concerning the human rights of any person or class of persons.

(2) The declaratory relief the Commission may seek to obtain in such proceedings includes relief by way of a declaration that an enactment or a provision thereof is invalid having regard to the provisions of the Constitution or was not continued in force by Article 50 of the Constitution.

42. Public bodies

42. (1) A public body shall, in the performance of its functions, have regard to the need to—

(a) eliminate discrimination,

(b) promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and

(c) protect the human rights of its members, staff and the persons to whom it provides services.

(2) For the purposes of giving effect to subsection (1), a public body shall, having regard to the functions and purpose of the body and to its size and the resources available to it—

(a) set out in a manner that is accessible to the public in its strategic plan (howsoever described) an assessment of the human rights and equality issues it believes to be relevant to the functions and purpose of the body and the policies, plans and actions in place or proposed to be put in place to address those issues, and

(b) report in a manner that is accessible to the public on developments and achievements in that regard in its annual report (howsoever described).

(3) In assisting public bodies to perform their functions in a manner consistent with subsection (1), the Commission may give guidance to and encourage public bodies in developing policies of, and exercising, good practice and operational standards in relation to, human rights and equality.

(4) Without prejudice to the generality of subsection (3), the Commission may—

(a) issue guidelines, or

(b) prepare codes of practice in accordance with section 31,

in respect of the development by public bodies of performance measures, operational standards and written preventative strategies for the purpose of reducing discrimination and promoting human rights and equality in the public sector workplace and in the provision of services to the public.

(5) Where the Commission considers that there is evidence of a failure by a public body to perform its functions in a manner consistent with subsection (1) and that it is appropriate in all the circumstances to do so, the Commission may invite the public body to—

(a) carry out a review in relation to the performance by that body of its functions having regard to subsection (1), or

(b) prepare and implement an action plan in relation to the performance by that body of its functions having regard to subsection (1), or both.

(6) A review or an action plan under subsection (5) may relate to—

(a) equality of opportunity or human rights generally, or

(b) a particular aspect of human rights or discrimination, in the public body concerned.

(7) The Commission may, and, if requested by the Minister, shall, review the operation of subsection (1).

(8) For the purposes of assisting it in carrying out a review under subsection (7), the Commission shall consult such persons or bodies as it considers appropriate.

(9) Where the Commission carries out a review under subsection (7) it—

(a) may, or

(b) where the Minister has requested the review, shall,

make a report of the review to the Minister and any such report shall include such recommendations as the Commission thinks appropriate.

(10) The Commission shall cause a copy of the report to be laid before each House of the Oireachtas.

(11) Nothing in this section shall of itself operate to confer a cause of action on any person against a public body in respect of the performance by it of its functions under subsection (1).

PART 4 Dissolved Bodies

43. Dissolution of bodies

43. (1) Each of the following bodies is dissolved:

(a) the Human Rights Commission;

(b) the Equality Authority,

and each of those bodies shall be referred to in this Act as a “dissolved body”.

(2) This section shall come into operation on the establishment day.

44. Transfer of functions to Commission

44. (1) All functions that, immediately before the establishment day, were vested in a dissolved body are transferred to the Commission.

(2) References in any enactment or instrument under an enactment to the Human Rights Commission or the Equality Authority, as the case may be (howsoever described) shall be construed as references to the Commission save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.

(3) This section shall come into operation on the establishment day.

45. Transfer of staff

45. (1) Every person who immediately before the establishment day was a member of the staff of a dissolved body shall on the establishment day be a member of staff of the Commission and shall hold or continue to hold, as the case may, be a position in the Civil Service of the State.

(2) Save in accordance with a collective agreement negotiated with any recognised trade union or staff association, a person referred to in subsection (1) shall not on the establishment day be brought to less favourable terms and conditions than the terms and conditions of service relating to remuneration to which the person was subject immediately before that day.

(3) The terms and conditions to which a person is subject upon his or her becoming a member of the staff of the Commission in accordance with subsection (1) shall be deemed to have been determined by the Commission in accordance with section 24(2).

(4) In relation to persons transferred to the staff of the Commission under subsection (1), previous service with the dissolved body concerned shall be reckonable for the purposes of, but subject to any exclusions in, the Redundancy Payments Acts 1967 to 2012, the Protection of Employees (Part-Time Work) Act 2001, the Organisation of Working Time Act 1997, the Minimum Notice and Terms of Employment Acts 1973 to 2005 and the Unfair Dismissals Acts 1977 to 2007.

45A. F7[Civil servant status of certain persons and related superannuation benefits

45A.(1) Subject tosection 45, a person who was a member of the staff of the Human Rights Commission and who—

(a) prior to the establishment day, ceased employment with the Human Rights Commission, or

(b) has a preserved superannuation benefit with the Human Rights Commission, shall, with effect from the date of commencement of this section, be deemed to be a civil servant in the Civil Service of the State in respect of superannuation benefits payable, in accordance with the provisions of those schemes, as a result of his or her membership of the superannuation schemes created under section 20 of the Human Rights Commission Act 2000.

(2) With effect from the date of commencement of this section, superannuation benefits referred to insubsection (1)shall be payable by the Minister for Public Expenditure, National Development Plan Delivery and Reform out of funds provided by the Oireachtas.

46. Transfer of land and other property

46. (1) On the establishment day, all lands that, immediately before that day, were vested in a dissolved body and all rights, powers and privileges relating to or connected with such lands shall, without any conveyance or assignment, stand vested in the Commission for all the estate or interest therein that, immediately before the establishment day, was vested in the dissolved body concerned, but subject to all trusts and equities affecting the lands continuing to subsist and being capable of being performed.

(2) On the establishment day all property (other than land), including choses-in-action, that, immediately before that day, was vested in a dissolved body, shall stand vested in the Commission without any assignment.

(3) Every chose-in-action vested in the Commission by virtue of subsection (2) may, on and from the establishment day, be sued on, recovered or enforced by the Commission in its own name, and it shall not be necessary for the Commission, or the dissolved body concerned, to give notice to any person bound by the chose-in-action of the vesting effected by that subsection.

47. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body

47. (1) All rights and liabilities of a dissolved body subsisting immediately before the establishment day and arising by virtue of any contract or commitment (expressed or implied) shall on that day stand transferred to the Commission.

(2) Every right and liability transferred by subsection (1) to the Commission may, on and after the establishment day, be sued on, recovered or enforced by or against the Commission in its own name, and it shall not be necessary for the Commission, or the dissolved body concerned, to give notice to the person whose right or liability is transferred by that subsection of such transfer.

(3) Every lease, licence, wayleave or permission granted by a dissolved body in relation to land or other property vested in the Commission by or under this Act, and in force immediately before the establishment day, shall continue in force as if granted by the Commission.

48. Liability for loss occurring before establishment day

48. (1) A claim in respect of any loss or injury alleged to have been suffered by any person arising out of the performance before the establishment day of any of the functions of a dissolved body shall on and after that day, lie against the Commission and not against the dissolved body.

(2) Any legal proceedings pending immediately before the establishment day to which a dissolved body is a party, shall be continued, with the substitution in the proceedings of the Commission, in so far as they so relate, for the dissolved body concerned.

(3) Where, before the establishment day, agreement has been reached between the parties concerned in settlement of a claim to which subsection (1) relates, the terms of which have not been implemented, or judgment in such a claim has been given in favour of a person but has not been enforced, the terms of the agreement or judgment, as the case may be, shall, in so far as they are enforceable against a dissolved body, be enforceable against the Commission and not the dissolved body concerned.

(4) Any claim made or proper to be made by a dissolved body in respect of any loss or injury arising from the act or default of any person before the establishment day shall be regarded as having been made by or proper to be made by the Commission and may be pursued and sued for by the Commission as if the loss or injury had been suffered by the Commission.

49. Provisions consequent upon transfer of functions, assets and liabilities to Commission

49. (1) Anything commenced and not completed before the establishment day by or under the authority of a dissolved body may, in so far as it relates to a function transferred to the Commission under section 44, be carried on or completed on or after the establishment day by the Commission.

(2) Every instrument made under an enactment and every document (including any certificate) granted or made, in the performance of a function transferred by section 44, shall, if and in so far as it was operative immediately before the establishment day, have effect on and after that day as if it had been granted or made by the Commission.

(3) References to a dissolved body in the memorandum or articles of associations of any company shall, on or after the establishment day, be construed as references to the Commission.

(4) Any money, stocks, shares or securities transferred by section 46 that immediately before the establishment day were standing in the name of a dissolved body shall, on the request of the Commission be transferred into its name.

(5) A certificate signed by the Minister that any property, right or liability has or, as the case may be, has not vested in the Commission under section 46 or 47 shall be sufficient evidence, unless the contrary is shown, of the fact so certified for all purposes.

50. Final accounts and final annual report of dissolved body

50. (1) The Commission shall, in respect of the period specified under subsection (3), prepare final accounts of each dissolved body.

(2) The Commission shall submit the final accounts to the Comptroller and Auditor General for audit not later than 3 months after the establishment day and, immediately after the audit, a copy of the account and a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall, as soon as may be after they are so presented, cause copies thereof to be laid before each House of the Oireachtas.

(3) For the purposes of subsection (1), the Minister may specify a period that is longer or shorter than a financial year of the dissolved body concerned.

(4) The Commission shall prepare the final annual report for a dissolved body and submit the report to the Minister not later than 6 months after the establishment day.

(5) Section 28 shall apply with the necessary modifications in relation to an annual report prepared under this section.

51. Saver in respect of certain schemes

51.(1) A scheme prepared under any enactment by a dissolved body that was in force immediately before the establishment day shall continue in force on and after that day.

(2) A scheme under any enactment that was altered by a dissolved body and that was in force immediately before the establishment day, shall continue in force on and after that day as so altered.

(3) For the avoidance of doubt, the Commission may amend or revoke a scheme to which this section applies under and in accordance with the enactment under which the scheme was prepared.

PART 5 Amendment of European Convention on Human Rights Act 2003

52. Definition for purposes of this Part

52. “Act of 2003” means the European Convention on Human Rights Act 2003.

53. Amendment of section 1 of Act of 2003

53.Section 1 of the Act of 2003 is amended—

(a) by the substitution of the following definition for the definition of “the Convention”:

“ ‘Convention’ means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November 1950 (the text of which, in the English language, is, for convenience of reference, set out in Schedule 1 (amended by section 55 of the Irish Human Rights and Equality Commission Act 2014) to this Act), as amended by—

(a) Protocol No. 11 done at Strasbourg on the 11th day of May 1994, and

(b) Protocol No. 14 done at Strasbourg on the 13th day of May 2004,”,

and

(b) in the definition of “convention provisions” —

(i) by the insertion of the following paragraph after paragraph (d):

“(e) Protocol No. 13 to the Convention, concerning the abolition of the death penalty in all circumstances done at Vilnius on the 3rd day of May 2002,”,

and

(ii) by the substitution of “Schedules 2, 3, 4, 5 and 6 (inserted by section 55 of the Irish Human Rights and Equality Commission Act 2014) respectively, to this Act;” for “Schedules 2, 3, 4 and 5 respectively, to this Act;”.

54. Enforceable right to compensation only to extent required by Article 5(5) of Convention

54.The Act of 2003 is amended by the insertion of the following section after section 3:

“ 3A. (1) A person (in this section referred to as an ‘affected person’) in respect of whom a finding has been made by the Court that he or she has been unlawfully deprived of his or her liberty as a result of a judicial act may institute proceedings in the Circuit Court to recover compensation for any loss, injury or damage suffered by him or her as a result of that judicial act and the Circuit Court may award to the person such damages (if any) as it considers appropriate.

(2) An action shall lie under this section only against—

(a) Ireland, and

(b) the Minister for Public Expenditure and Reform,

and no court or member of the judiciary may be enjoined in such an action.

(3) In proceedings under this section, the Circuit Court—

(a) shall not compensate an affected person, other than to the extent required by Article 5(5) of the Convention and then only to the extent that he or she suffered actual injury, loss or damage, and

(b) shall, in determining what compensation (if any) to award to the affected person, have regard to the principles and practice applied by the European Court of Human Rights in relation to affording just satisfaction to an injured party under Article 41 of the Convention.

(4) The compensation recoverable under this section in the Circuit Court shall not exceed the amount standing prescribed, for the time being by law, as the limit of that court’s jurisdiction in tort.

(5) (a) Proceedings under this section shall be brought not later than 1 year from the date of the finding by the Court referred to in subsection (1).

(b) The period referred to in paragraph (a) may be extended by order made by the Circuit Court if it considers it appropriate to do so in the interests of justice.

(6) Nothing in this section shall operate to affect—

(a) the independence of a judge in the performance of his or her judicial functions, or

(b) any enactment or rule of law relating to immunity from suit of judges.