IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014

JurisdictionIreland
CitationIR No. 25/2014


Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014

REVISED

Updated to 17 December 2022


This Revised Act is an administrative consolidation of the Irish Human Rights and Equality Commission Act 2014. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), enacted 17 December 2022, and all statutory instruments up to and including the Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Diet Supplement) Regulations 2022 (S.I. No. 717 of 2022), made 17 December 2022, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014

REVISED

Updated to 17 December 2022


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Employment Equality Acts 1998 to 2021: this Act is one of a group of Acts included in this collective citation (Gender Pay Gap Information Act 2021, s. 7(2)). The Acts in the group are:

Employment Equality Act 1998 (21/1998)

Equality Act 2004 (24/2004), Part 2

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the previous two Acts

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 16

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), ss. 18 to 26

Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 3 to 11

Gender Pay Gap Information Act 2021 (20/2021), ss. 2 to 4

Irish Human Rights and Equality Commission Acts 2014 and 2021: this Act is one of a group of Acts included in this collective citation to be construed together as one (Gender Pay Gap Information Act 2021, s. 7(3)). The Acts in the group are:

Irish Human Rights and Equality Commission Act 2014 (25/2014)

Gender Pay Gap Information Act 2021 (20/2021)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022)

Gender Pay Gap Information Act 2021 (20/2021)

All Acts up to and including Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), enacted 17 December 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Irish Human Rights and Equality Commission Act 2014 (Code of Practice on Equal Pay) Order 2022 (S.I. No. 107 of 2022)

Irish Human Rights and Equality Commission Act 2014 (Code of Practice on Sexual Harassment and Harassment at Work) Order 2022 (S.I. No. 106 of 2022)

Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

European Union (Prevention and Combating of Human Trafficking) (National Rapporteur) Regulations 2020 (S.I. No. 432 of 2020)

Irish Human Rights and Equality Commission Act 2014 (Establishment Day) Order 2014 (S.I. No. 450 of 2014)

Irish Human Rights and Equality Commission Act 2014 (Commencement) Order 2014 (S.I. No. 449 of 2014)

All statutory instruments up to and including Social Welfare (Consolidated Supplementary Welfare Allowance) (Amendment) (No. 5) (Diet Supplement) Regulations 2022 (S.I. No. 717 of 2022), made 17 December 2022, were considered in the preparation of this revision.


Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014

REVISED

Updated to 17 December 2022



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

REVISED

Updated to 17 December 2022


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:

Annotations

Modifications (not altering text):

C1

Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note name of Department and Title of Minister changed from Children and Youth Affairs to Children, Equality, Disability, Integration and Youth (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Children and Youth Affairs.

(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.

3. (1) The functions vested in the Minister for Justice and Equality -

(a) by or under the enactments specified in Schedule 1, and

...

are transferred to the Minister for Children and Youth Affairs.

...

(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.

SCHEDULE 1

Article 3(1)(a)

Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs

...

Irish Human Rights and Equality Commission Act 2014 (No. 25 of 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 an...

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