Ireland can lead EU on equality — but first we must get our own legislation in order
IHREC chief commissioner Liam Herrick argues that the potential costs of not including socioeconomic discrimination in the Equality Bill will be greater than the cost of including it. iStock
At the Dublin Pride Parade this year, An Taoiseach Micheál Martin said: “Ireland will continue to be a place where equality grows.”
In doing so, the Taoiseach recognised that across the EU we are now witnessing a resurgence of homophobia, and a number of European governments are attempting to undermine democratic institutions. His comments followed the banning of the pride parade in Hungary.
The EU has recorded increases in both racist and homophobic violence across the union over recent years.
So, when Ireland takes on the presidency of the Council of the European Union next July, it will do so at a moment when progressive leadership is at a premium.
The Government has indicated that it wants its presidency to be ambitious and there is a high level of expectation across the EU that Ireland can help stem the tide of intolerance and help resolve several challenging equality and rights issues.
However, if we are to meet these aspirations, we need to first ensure that our own laws and systems of enforcement align with European best practice.
The Government’s recent publication of the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024 could not then have come at a better time.
The bill proposes an overhaul and modernisation of our domestic law on equality and discrimination.
At the time of their enactment in the 1990s, Ireland’s equality laws were seen as being at the cutting edge of European legislation. However, as Europe and our peers have advanced, we have lagged behind. This bill is an opportunity to correct that deficit; to reflect how much more we understand today about the experience of discrimination and how laws and institutions can help to achieve a fairer society.
One key gap in our approach to equality up to now has been the failure to recognise the problem of socioeconomic discrimination.
As far back as 2004, an initial report into equality legislation commissioned by the Department of Justice, admitted that there was “well documented evidence of links between poverty and discrimination”.
Examples include when people are denied an interview or a promotion because of their accent, background or address, refused housing by a landlord, denied finance for children’s school expenses, or access to adequate healthcare or education. Research shows that those with lower socioeconomic status are subject to stereotyping, prejudice, stigma, and discrimination.
Laws should address the lived reality of ordinary people. Our own ‘Your Rights’ helpline has received complaints of socioeconomic discrimination in the areas of education, employment, and advertising, and in service provision areas such as insurance, banking and recreation, but we are currently powerless to assist as socioeconomic status is still not a protected ground.
When the Oireachtas first considered the new Equality Bill, there was a strong consensus that the inclusion of socioeconomic discrimination is essential.
But as things stand, we understand that the introduction of this new equality ground is subject to further reviews including the assessment of the potential costs for the exchequer and for small businesses.
We would argue that the potential costs of not including such a ground will be much greater, both for the exchequer and the country as a whole.
Failure to address discrimination based on economic status risks embedding intergenerational poverty and frustrates the possibility of social mobility.
The wealth of your parents or where you grew up should not limit your opportunities to succeed in work or to be treated with respect in all aspects of your life.
Of course, laws on equality are meaningless without implementation and enforcement.
That is why the EU, concerned at unequal protections against discrimination across different member states — have also set out new, comprehensive standards for equality bodies which must be incorporated into every member states’ national legislation by June 19, 2026.
The new directives set out — for the first time — legally binding minimum standards for equality bodies. These will guarantee the independence and ensure the effectiveness of those bodies in addressing and preventing discrimination and promoting equality.
Equality bodies have a unique and extremely important role in the effort to create and maintain equal societies. They have a mandate to combat discrimination and promote equality, and crucially in the current political climate, they are independent of government and other influences.
The fact that all EU states must legislate for these directives during the Irish presidency is a unique opportunity for Ireland to demonstrate the ambition the Taoiseach spoke of, by introducing separate stand alone legislation to strengthen our equality infrastructure.
So far, the draft legislation put forward by the Government falls well short of the ambitious overhaul of equality laws that we believe is necessary — both in terms of how equality is understood and how it implemented and enforced.
However, we are at the beginning of the debate on these new laws, and hopefully also at the beginning of a wider public discussion on how we can all do more to combat discrimination.
We must be clear-eyed about what is at stake. Equality legislation is more than just a set of rules; it is a declaration of our shared values. Irish people have a deep commitment to the principles of fairness. We have a unique historical understanding of how discrimination in access to work and opportunities can destroy lives and shatter communities.
Over the next year, Ireland has an opportunity to reaffirm its commitment to equality and human rights at the national and at the European level. If we fail to set a high standard for ourselves, we weaken our voice in holding others to account.
- Liam Herrick is the chief commissioner of the Irish Human Rights and Equality Commission
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