Irish Human Rights and Equality Commission Act 2014

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Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation, construction and commencement

2. Interpretation

3. Regulations

4. Expenses

5. Service of documents

6. Penalties

7. Repeals

PART 2

Irish Human Rights and Equality Commission

8. Establishment day

9. Establishment of Irish Human Rights and Equality Commission

10. Functions of Commission

11. Conferral of additional functions on Commission

12. Membership of Commission

13. Appointment of members of Commission

14. Conditions of office of membership of Commission

15. Casual vacancies

16. Meetings and procedure

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

18. Advisory committees, etc.

19. Membership of either House of Oireachtas or European Parliament

20. Director

21. Functions of Director

22. Accountability of Director to Public Accounts Committee

23. Accountability of Director to other Oireachtas Committees

24. Staff of Commission

25. Strategy statement

26. Grants to Commission

27. Accounts of Commission

28. Annual report

PART 3

Enforcement and Compliance

29. Definitions for purposes of this Part

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

31. Codes of practice

32. Equality reviews and equality action plans

33. Substantive notices

34. Appeal of substantive notice

35. Inquiries

36. Equality and human rights compliance notices

37. Appeal of equality and human rights compliance notice

38. Register of equality and human rights compliance notices

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

40. Legal and other assistance

41. Institution of legal proceedings by Commission

42. Public bodies

PART 4

Dissolved Bodies

43. Dissolution of bodies

44. Transfer of functions to Commission

45. Transfer of staff

46. Transfer of land and other property

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

48. Liability for loss occurring before establishment day

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

50. Final accounts and final annual report of dissolved body

51. Saver in respect of certain schemes

PART 5

Amendment of European Convention on Human Rights Act 2003

52. Definition for purposes of this Part

53. Amendment of section 1 of Act of 2003

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

55. Text of Convention for the Protection of Human Rights and Fundamental Freedoms

SCHEDULE 1

Repeals

SCHEDULE 2

Inquiries

SCHEDULE 3

Convention for the Protection of Human Rights and Fundamental Freedoms

SCHEDULE 4

Insertion of a Schedule 6 in Act of 2003


Acts Referred to

British-Irish Agreement Act 1999 (No. 1)

Civil Legal Aid Act 1995 (No. 32)

Civil Registration (Amendment) Act 2012 (No. 48)

Civil Service Commissioners Act 1956 (No. 45)

Civil Service Regulation Acts 1956 to 2005

Companies Acts

Comptroller and Auditor General (Amendment) Act 1993 (No. 8)

Comptroller and Auditor General Acts 1866 to 1998

Criminal Justice (Legal Aid) Act 1962 (No. 12)

Education and Training Boards Act 2013 (No. 11)

Employment Equality Act 1998 (No. 21)

Employment Equality Acts 1998 to 2011

Equal Status Act 2000 (No. 8)

Equal Status Acts 2000 to 2012

European Convention on Human Rights Act 2003 (No. 20)

European Parliament Elections Act 1997 (No. 2)

Human Rights Commission Act 2000 (No. 9)

Intoxicating Liquor Act 2003 (No. 31)

Local Government Act 2001 (No. 37)

Minimum Notice and Terms of Employment Acts 1973 to 2005

Organisation of Working Time Act 1997 (No. 20)

Pensions Act 1990 (No. 25)

Protection of Employees (Part-Time Work) Act 2001 (No. 45)

Redundancy Payments Acts 1967 to 2012

Solicitors Act 1954 (No. 36)

Unfair Dismissals Acts 1977 to 2007


Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014


An Act to provide for the establishment of a body to be known as Coimisiún na hÉireann um Chearta an Duine agus Comhionannas or, in the English language, the Irish Human Rights and Equality Commission; to provide for the dissolution of the Human Rights Commission and the Equality Authority and the transfer of their functions to that body; to provide for the conferral of other functions on the said body; to provide that the said body is 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 workers1 ; to amend the Employment Equality Act 1998 , the Equal Status Act 2000 and the European Convention on Human Rights Act 2003 ; to repeal the Human Rights Commission Act 2000 ; and to provide for matters connected therewith.

[27 th July, 2014]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

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 .

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 Rights2 ;

“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 Government 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...

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