State under fire for failing to fulfil EU anti-racist drive

THE Government was criticised yesterday for failing to fulfil its commitment to meet today’s deadline for implementing an EU directive against racism.

The National Consultative Committee on Racism and Interculturalism (NCCRI) said the directive would greatly increase the level of protections to ethnic and racial groups in Ireland.

“On the eve of the transposition date of the Race Directive, the NCCRI is disappointed the Irish Government has failed to meet the deadline of 19 July imposed by the European Union,” said chairperson Anastasia Crickley.

“Although Ireland has already complied with many of the provisions of the Race Directive, its transposition will bring about significant changes to Irish equality legislation, greatly increasing the scope and level of protection covered to a limited extent by the Equal Status Act.”

She said the Government had indicated it would bring in legislation amending the Employment Equality Act and the Equal Status Act later this year.

“This should be viewed as an unacceptable delay, particularly in view of earlier Government commitments to meet 19th July deadline.”

She said the Race Directive strengthened our understanding of indirect discrimination.

“The burden of proof is more formally shared between the victim and respondent. Technically the burden rests with the victim.”

Ms Crickley said she acknowledged and welcomed the commitment made by Justice Minister McDowell to bring in legislation amending the equality legislation in line with the directive.

Niall Crowley, chief executive of the Equality Authority, said he looked forward to the implementation of the directive.

“Above all, we look forward to ambitious implementation. We would like to see the directive as a minimum standard.”

He said the directive should lead to a significant enhancement of both the Employment Equality Act and the Equal Status Act.

“It should expand the scope of Equal Status Act, which focuses on State sector provision of services.

“It should also now focus on the functions of the State in relation to social protection and social security, health care and social advantage.”

He said the directive offered an opportunity to re-examine exemptions under the Equal Status Act.

“If someone does something on foot of another Act, it is exempt from equality legislation even if discriminatory. The directive requires that these should be deleted.”

Legislation being prepared by the Department of Justice is thought to be at an advanced stage and is expected to be brought in later in the year.