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.