Dáil Éireann Debate, Tuesday - 28 April 2026
915. Deputy Pádraig Rice asked the Minister for Children, Disability and Equality if her Department has undertaken any assessment of the likely impact of the proposed European Union Equal Treatment Directive on groups identified for protection under the directive; the findings of any such assessment; and if she will make a statement on the matter. [29647/26]
View answer916. Deputy Pádraig Rice asked the Minister for Children, Disability and Equality if any gaps have been identified between the protections set out in the proposed European Union Equal Treatment Directive and existing equality legislation in the State; and if she will make a statement on the matter. [29649/26]
View answer917. Deputy Pádraig Rice asked the Minister for Children, Disability and Equality the main obstacles identified at council level to progressing the proposed European Union Equal Treatment Directive; and if she will make a statement on the matter. [29648/26]
View answer918. Deputy Pádraig Rice asked the Minister for Children, Disability and Equality the State's current position in negotiations at council level on the proposed European Union Equal Treatment Directive; and if she will make a statement on the matter. [29650/26]
View answerI propose to take Questions Nos. 915, 916, 917 and 918 together.
The Equal Treatment Directive, also known as the Anti-Discrimination Directive, was first proposed by the European Commission in 2008 and has been regularly discussed by the Council since then. The Directive seeks to close a gap in EU law, aiming to extend the protection against discrimination on the grounds of religion or belief, disability, age or sexual orientation to areas outside employment.
The proposal falls under Article 19 of the Treaty on the Functioning of the European Union (TFEU) (special legislative procedure). This procedure means that unanimity in the Council is required, following the consent of the European Parliament. The European Parliament provided its initial consent in 2009.
Although the proposal has been under discussion for close to 18 years, and almost every Presidency has placed the file on the agenda of the Council, it has not been possible to reach a unanimous agreement to date.
The Directive’s proposals were taken into consideration as part of this Department’s wider review of Ireland’s equality legislation. In November 2024, Government approved the publication of the General Scheme of the Equality (Miscellaneous Provisions) Bill 2024, which includes a number of legislative provisions arising from this review. The Joint Oireachtas Committee on Children and Equality undertook pre-legislative scrutiny of the General Scheme and issued its report in October 2025 and work is continuing.
A 2024 compromise text prepared by the Belgian Presidency significantly narrowed the scope of the proposal. Officials in my department have considered the changes under this compromise text and its implications. In November 2025 the European Parliament published “Proposal for a horizontal equal treatment directive – Complementary impact assessment” (available at [https://www.europarl.europa.eu/RegData/etudes/STUD/2025/774698/EPRS_STU(2025)774698_EN.pdf]) This study, which is based on the 2024 text, notes that (across the EU):
“The proposed directive is expected to generate limited costs, mainly relating to reasonable accommodation in education, while delivering significant social and economic benefits, notably through improved access to goods and services.”
This study also provides breakdowns of costs and benefits by country (including for Ireland) and categorisation of member state’s level of alignment with different Articles.
A progress report, by the Danish Presidency of the Council, was presented at the EPSCO Council on 1 December 2025. The Presidency outlined that, while a very large majority of delegations continue to support the Directive, three Member States maintained reservations on the file.
Ireland has been a long-standing supporter of the adoption of the Equal Treatment Directive. The Department of Children, Disability and Equality has lead responsibility for the negotiation of this Directive, and as is usual practice, officials in the Department coordinate Ireland’s position on the file.
The European Commission proposed in February 2025 to withdraw the Directive from further discussion. At the time, as Minister I signed a joint letter with other likeminded Member States urging Commissioner Lahbib, EU Commissioner for Equality, to reconsider the withdrawal and to work with the Council to seek unanimity. The European Commission retracted their withdrawal proposal in July 2025.
Since then, supporting the work of the Danish and the Cyprus Presidency, Ireland has continued to back efforts to reach unanimity at Council. As part of our Presidency preparations, I have met with Commissioner Lahbib to discuss the Directive, and officials are actively engaging with Member States at technical levels.
Reaching unanimous agreement on this Directive at Council has not been possible to date due to the fact of some Member States having long standing reservations. As the Presidency, Ireland will act as an honest broker for the Council during our term, work with all Member States to understand their views, and will seek to progress files and reach agreement where it is possible.
Ireland’s Presidency Programme for the Council of the EU is currently under development, with preparations intensifying across Government. Two cross-departmental groups, chaired by the Department of Foreign Affairs and Trade, are co-ordinating this preparatory work. Officials from the Department of Children, Disability and Equality are actively engaged in these groups, which focus on the policy and operational aspects of Ireland's Presidency.
Ireland's full policy programme will be published, as is usual practice, shortly before the start of our Presidency term, in June 2026.
