Review of the Social Welfare Code to examine its compatibility with the Equal Status Acts, 2000-2004

Hey y'all,
A friend posted this across to me this evening. Now considering it was only launched this week (19th November 2007), I will put it down to lack of press attention rather than anything more sinister. Anyway.

Basically the Department of Social & Family Affairs are conducting an equality audit to see their compliance with the Equal Status Acts 2000-2004. Some of you may remember the Equal Status Act case from 2003, which was taken against DSFA regarding the provision of a Free-Travel Pass for the partner of a gay man. The case, while a landmark case, did not set a major precedent because it was settled out of court and subsequently this 'loophole' was handled in the Equal Status Act 2004 (Amendment) by the then Minister for Social & Family Affairs, Mary Coughlan who defined the 'partner' in this scheme as either the male or female partner. i.e. Not a same-sex relationship but a heterosexual relationship. This actively discriminates against Lesbian & Gay persons and is in many respects in violation of European Law.
The Minister was able to do this, because their is a provision(Section 14) in the Equal Status Act, which provides that you cannot take a case of discrimination on the nine grounds, if this is already enshrined in law. This has meant that discrimination can be legislated for, within an Irish context and it cannot be challenged under the ESA or the nine grounds because of this provision.

I would ask people who visit this page from Ireland, to have a look at the home page for this equality review at the DSFA and make a contribution about the issues which may pertain to them on the nine grounds. A Copy of the introduction letter is included below as well as a link to the submission page.

Rgds,
j.
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Letter of Explanation

Thank you for participating in the consultation process.

The Department of Social and Family Affairs has engaged independent consultants to carry out a review of all social welfare schemes to establish whether they are compliant with the provisions of the Equal Status Acts, 2000-2004. As part of this review, we wish to consult with interested organisations and individuals to establish whether there are any provisions of the Social Welfare Acts, regulations or administrative schemes which, to your knowledge, act to the disadvantage of any of the categories of person mentioned in the Equal Status Acts 2000-2004.

The grounds referred to in the Equal Status Acts are:

• » Gender
  
  
• » Marital status (i.e. being single, married, separated, divorced or widowed )
  
  
• » Family status*
  
  
• » Sexual orientation (i.e. heterosexual, homosexual or bisexual orientation )
  
  
• » Religious belief (including religious background or outlook )
  
  
• » Disability (including type of disability)
  
  
• » Age
  
  
• » Race, colour, nationality or ethnic or national origin
  
  
• » Membership of the Traveller community.

(*Family status means being pregnant or having responsibility as a parent or in loco parentis for a person who is not yet 18 or as a parent or the resident primary carer of a person over that age with a disability of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis).

Source & Cont'd : DSFA Equality Review Page