Legislative Reviews

Wednesday, 22 January 2025

Questions (1171)

Pádraig Mac Lochlainn

Question:

1171. Deputy Pádraig Mac Lochlainn asked the Minister for Children, Equality, Disability, Integration and Youth if his Department has undertaken a formal review of the operation of section 42 of the Irish Human Rights and Equality Commission Act 2014; if so, the outcome of the review; and the actions he has taken to address the low rate of compliance by public bodies with the requirements of the Public Sector Equality and Human Rights Duty as set out in section 42(2) of the 2014 Act. [46652/24]

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Written answers

Minister for Children, Equality, Disability, Integration and Youth

Section 42 of the Irish Human Rights and Equality Act 2014 requires that a public body, in the course of it's functions, have regard to the elimination of discrimination and the equal opportunities and human rights of it's staff and service users. This obligation is known as the public sector equality and human rights duty.

The Irish Human Rights and Equality Commission (IHREC) is the body tasked with the promotion of the duty and s.42 of the 2014 Act provides powers to IHREC where the Commission considers that there is evidence of a failure by a public body to meet the obligations under the duty.

The Irish Human Rights and Equality Commission has been established and operates with a very high level of independence from Government and it would be inappropriate for a Minister to offer comment on areas which fall within IHREC's remit.