Number 8 of 2000 EQUAL STATUS ACT 2000 REVISED. Updated to 1 January 2016

Transcription

1 Number 8 of 2000 EQUAL STATUS ACT 2000 REVISED Updated to 1 January 2016 This Revised Act is an administrative consolidation of the. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law. All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, and all statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of this Revised Act. Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by to revisedacts@lawreform.ie.

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3 Number 8 of 2000 EQUAL STATUS ACT 2000 REVISED Updated to 1 January 2016 Introduction This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed. Related legislation Equal Status Acts 2000 to 2015: This Act is one of a group of Acts included in this collective citation (Equality (Miscellaneous Provisions) Act 2015, s. 16(4)). The Acts in the group are: (8/2000) Intoxicating Liquor Act 2003 (31/2003), s. 25 Equality Act 2004 (24/2004), Part 3 Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 14 Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 21 insofar as it refers to s. 21 of the and ss. 27 to 29 (citation only) Equal Status (Amendment) Act 2012 (41/2012) Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 12 to 15 This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. An explanation of how to read annotations is available at Material not updated in this revision Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available. Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available. i

4 A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at Acts which affect or previously affected this revision Equality (Miscellaneous Provisions) Act 2015 (43/2015) National Minimum Wage (Low Pay Commission) Act 2015 (22/2015) Workplace Relations Act 2015 (16/2015) Irish Human Rights and Equality Commission Act 2014 (25/2014) Equal Status (Amendment) Act 2012 (41/2012) Civil Law (Miscellaneous Provisions) Act 2011 (23/2011) Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010) Civil Law (Miscellaneous Provisions) Act 2008 (14/2008) Disability Act 2005 (14/2005) Residential Tenancies Act 2004 (27/2004) Equality Act 2004 (24/2004) Intoxicating Liquor Act 2003 (31/2003) Pensions Act 1990 (25/1990) All Acts up to and including International Protection Act 2015 (66/2015), enacted 30 December 2015, were considered in the preparation of this revision. Statutory instruments which affect or previously affected this revision Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012) Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 (S.I. No. 208 of 2012) Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011) Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010) (Commencement) Order 2000 (S.I. No. 321 of 2000) Equal Status Act, 2000 (Section 47) (Commencement) Order 2000 (S.I. No. 168 of 2000) All statutory instruments up to and including Credit Union Act 1997 (Regulatory Requirements) Regulations 2016 (S.I. No. 1 of 2016), made 1 January 2016, were considered in the preparation of this revision. ii

5 Number 8 of 2000 EQUAL STATUS ACT 2000 REVISED Updated to 1 January 2016 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section Short title. Interpretation. Discrimination (general). Discrimination on ground of disability. PART II DISCRIMINATION AND RELATED ACTIVITIES Disposal of goods and provision of services. Disposal of premises and provision of accommodation. Educational establishments. Discriminating clubs. Non-discriminating clubs. Further provision in relation to discriminating clubs. Sexual and other harassment. Prohibited advertising. Procurement of prohibited conduct. Certain measures or activities not prohibited. Certain activities not discrimination. Other non-discriminatory activities. Regulations relating to vehicle equipment. Regulations relating to station equipment. Provision of kerb ramps, etc. 1

6 PART III ENFORCEMENT A A A A. Definitions. Redress in respect of prohibited conduct. Date of claim for redress, etc. Dismissal of claims. References of certain matters to [Director of the Workplace Relations Commission]. Mediation. Investigation by [Director of the Workplace Relations Commission]. Representation in proceedings under section 24 or 25. Inferences from failure to supply information, etc. Redress which may be ordered. Appeal against decision of [Director of the Workplace Relations Commission]. Form and contents of decision. Supply and publication of decision. Enforcement of decisions and mediated settlements. Additional powers of Circuit Court on enforcement. Powers to enter premises, obtain information, etc. Requirement to provide information. Failure to supply documents, information, etc. Supplementary provisions as to information. Obstruction of [Director of the Workplace Relations Commission], etc. Award of expenses. Dismissal of cases not pursued. Burden of proof. PART IV EQUALITY AUTHORITY 39. Additional functions of Authority. PART V GENERAL Expenses. Regulations. Vicarious liability. Offences generally. Offence-related provisions. Court jurisdiction. Application of Act. 2

7 Amendment of Employment Equality Act, Commencement. SCHEDULE AMENDMENT OF EMPLOYMENT EQUALITY ACT, 1998 ACTS REFERRED TO Anti-Discrimination (Pay) Act, 1974 Child Care Act, 1991 Courts Act, 1981 Education Act, 1998 Employment Equality Act, 1977 Employment Equality Act, 1998 Housing Acts, 1966 to 1998 Housing (Miscellaneous Provisions) Act, 1992 Licensing Acts, 1833 to 1999 Local Authorities (Higher Education Grants) Acts, 1968 to 1992 Petty Sessions (Ireland) Act, 1851 Refugee Act, 1996 Registration of Clubs Acts, 1904 to 1999 Road Transport Act, 1932 Road Transport Act, 1933 Roads Act, 1993 Transport Act, 1958 Worker Protection (Regular Part-Time Employees) Act, , No , No , No , No , No , No , No & 15 Vict., c , No , No , No , No , No , No. 5 3

8 Number 8 of 2000 EQUAL STATUS ACT 2000 REVISED Updated to 1 January 2016 AN ACT TO PROMOTE EQUALITY AND PROHIBIT TYPES OF DISCRIMINATION, HARASSMENT AND RELATED BEHAVIOUR IN CONNECTION WITH THE PROVISION OF SERVICES, PROPERTY AND OTHER OPPORTUNITIES TO WHICH THE PUBLIC GENERALLY OR A SECTION OF THE PUBLIC HAS ACCESS, TO PROVIDE FOR INVESTIGATING AND REMEDYING CERTAIN DISCRIMINATION AND OTHER UNLAWFUL ACTIVITIES, TO PROVIDE FOR THE ADMINISTRATION BY THE EQUALITY AUTHORITY OF VARIOUS MATTERS PERTAINING TO THIS ACT, TO AMEND THE EMPLOYMENT EQUALITY ACT, 1998, IN RELATION THERETO AND IN CERTAIN OTHER RESPECTS AND TO PROVIDE FOR RELATED MATTERS. [26th April, 2000] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Modifications (not altering text): C1 Departmental administrative and ministerial functions under Act transferred ( ) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011). 2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Justice and Law Reform. (2) References to the Department of Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Justice and Law Reform. 3. (1) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs by or under any of the Acts mentioned in the Schedule are transferred to the Minister for Justice and Law Reform. (2) The functions vested in the Minister for Community, Equality and Gaeltacht Affairs in relation to (a) the Traveller Policy Unit which supports and co-ordinates ongoing policy development in relation to travellers in Irish society, including monitoring and supporting actions to increase the effectiveness of national policies, promoting positive communications between traveller communities, public bodies and the wider settled community and contributing to policy development at international level, 4

9 (b) the Gender Equality Division which supports and co-ordinates ongoing policy development in relation to the achievement of de facto gender equality in Ireland and co-ordinates and contributes to policy review and policy development on gender equality issues and gender related matters at international level, (c) the co-ordination of Government policy towards the promotion and support of equal participation in society of people with disabilities, (d) the development and implementation of policies to combat discrimination and to promote a more inclusive society, (e) the promotion of equal opportunities, fundamental rights and greater availability of familyfriendly workplace practices, and (f) the promotion of the integration of persons (other than protection applicants) who are not, or who previously were not, Irish citizens, and their families, who are lawfully resident in the State, are transferred to the Minister for Justice and Law Reform. (3) References to the Minister for Community, Equality and Gaeltacht Affairs contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Justice and Law Reform.... Article 3(1) SCHEDULE Enactments, functions under which are transferred from the Minister for Community, Equality and Gaeltacht Affairs to the Minister for Justice and Law Reform... Equal Status Acts 2000 to 2008, other than sections 6(7)(a) and 14(aa)(ii) (inserted by Part 3 of the Equality Act 2004 ) of the (No. 8 of 2000)... C2 C3 C4 Application of Act restricted ( ) by Intoxicating Liquor Act 2003 (31/2003), s. 19(11), S.I. No. 362 of 2003, reg. 3. Jurisdiction of District Court in cases of prohibited conduct on licensed premises (11) (a) The Act of 2000 shall cease to apply in relation to prohibited conduct occurring on, or at the point of entry to, licensed premises on or after the commencement of this section. (b) Claims relating to prohibited conduct so occurring before such commencement shall be dealt with as if this Act had not been passed. Application of Act potentially restricted by Employment Equality Act 1998 (21/1998), s. 82(8) as inserted ( ) by Equality Act 2004 (24/2004), s. 36, commenced on enactment. Redress which may be ordered (8) Where an act constitutes victimisation under both this Act and the, redress may be provided under only one of them. Application of Act potentially restricted by Pensions Act 1990 (25/1990), s. 81H(7) as inserted ( ) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of Redress which may be ordered. 81H.... 5

10 PT. I S. 1 (7) Where an act constitutes victimisation both under this Part and the Employment Equality Act 1998 or the, redress may be provided under only one of them. Editorial Notes: E1 Act included in definition of relevant enactment ( ) by Workplace Relations Act 2015 (16/2015), s. 2, S.I. No. 338 of 2015, with the following effects: Powers of inspectors for purposes relevant enactments defined in Workplace Relations Act 2015 (16/2015), s. 27. Workplace Relations Commission, an inspector or an adjudication officer authorised to disclose employer s registered number or employee s PPSN to enable Labour Court to perform functions under relevant enactments by Workplace Relations Act 2015 (16/2015) s. 31(5). Power of Workplace Relations Commission and official body to disclose information to each other concerningthecommissionofoffenceunderrelevantenactmentprovidedbyworkplacerelations Act 2015 (16/2015), s. 32. Power of Workplace Relations Commission and contracting authority to disclose information to each other concerning the commission of offence under employment enactment/ relevant enactment provided by Workplace Relations Act 2015 (16/2015), s. 33. Powers of Minister to prosecute under relevant enactments transferred to Workplace Relations Commission and references construed by Workplace Relations Act 2015 (16/2015), s. 37. E2 E3 E4 E5 Power granted to Irish Human Rights and Equality Commission to prepare draft codes of practice regarding the promotion of equality of opportunity in relation to those matters to which the Act applies ( ) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 31(1)(d), S.I. No. 449 of Obligation imposed on Irish Human Rights and Equality Commission to provide information to the public and keep under review the effectiveness of the working of the collectively cited Equal Status Acts 2000 to 2012 ( ) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 30(1)(b)(ii), S.I. No. 449 of Codes of Practice in respect of promotion of equality of opportunity in relation to matters to which Act applies provided for ( ) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 21(1)(d), S.I. No. 449 of Previous affecting provision: departmental administrative and ministerial functions under Act other than under ss. 6(7)(a) and 14(aa)(ii) transferred from Department and Minister of Justice, Equality and Law Reform to Department and Minister for Community, Rural and Gaeltacht Affairs ( ) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010); superseded as per C-note above. PART I PRELIMINARY Short title. 1. This Act may be cited as the Equal Status Act, Interpretation. 2. (1) In this Act, unless the context otherwise requires F1[ Act of 2015 means the Workplace Relations Act 2015; adjudication officer has the same meaning as it has in the Act of 2015;] Authority means the Equality Authority; F2[ civil status means being single, married, separated, divorced, widowed, in a civil partnership within the meaning of the Civil Partnership and Certain Rights and Obli- 6

11 PT. I S. 2 gations of Cohabitants Act 2010 or being a former civil partner in a civil partnership that has ended by death or been dissolved;] F3[...] disability means (a) the total or partial absence of a person s bodily or mental functions, including the absence of a part of a person s body, (b) the presence in the body of organisms causing, or likely to cause, chronic disease or illness, (c) the malfunction, malformation or disfigurement of a part of a person s body, (d) a condition or malfunction which results in a person learning differently from a person without the condition or malfunction, or (e) a condition, disease or illness which affects a person s thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour; discriminate means to discriminate within the meaning of section 3(1) or 4(1); F4[ discriminatory grounds has the meaning given by subsections (2) and (3B) of section 3;] family status means being pregnant or having responsibility (a) as a parent or as a person in loco parentis in relation to a person who has not attained the age of 18 years, or (b) as a parent or the resident primary carer in relation to a person of or over that age with a disability which is of such a nature as to give rise to the need for care or support on a continuing, regular or frequent basis, and, for the purposes of paragraph (b), a primary carer is a resident primary carer in relation to a person with a disability if the primary carer resides with the person with the disability; F5[ Gender Goods and Services Directive means Council Directive 2004/113/EC of 13 December implementing the principle of equal treatment between men and women in the access to and supply of goods and services] goods means any articles of movable property; F1[ Labour Court means the body established by the Industrial Relations Act 1946;] F6[...] F1[ mediation officer has the same meaning as it has in the Act of 2015;] the Minister means the Minister for Justice, Equality and Law Reform; near relative means a spouse F2[or civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010], lineal descendant, ancestor, brother or sister; person, as that term is used in or in relation to any provision of this Act that prohibits that person from discriminating or from committing any other act or that requires a person to comply with a provision of this Act or regulations made under it, includes an organisation, public body or other entity; premises includes any immovable property; 1 OJ L373, , p. 37 7

12 PT. I S. 2 F7[ proceedings means (a) proceedings before the person, body or court dealing with a request or reference under this Act by or on behalf of a person, and (b) any subsequent proceedings, including proceedings on appeal, arising from the request or reference, but does not include proceedings for an offence under this Act;] prohibited conduct means discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of, a person in contravention of this Act; F8[ provision means a term in a contract or a requirement, criterion, practice, regime, policy or condition affecting a person;] refusal includes a deliberate omission; religious belief includes religious background or outlook; service means a service or facility of any nature which is available to the public generally or a section of the public, and without prejudice to the generality of the foregoing, includes (a) access to and the use of any place, (b) facilities for (i) banking, insurance, grants, loans, credit or financing, (ii) entertainment, recreation or refreshment, (iii) cultural activities, or (iv) transport or travel, (c) a service or facility provided by a club (whether or not it is a club holding a certificate of registration under the Registration of Clubs Acts, 1904 to 1999) which is available to the public generally or a section of the public, whether on payment or without payment, and (d) a professional or trade service, but does not include pension rights (within the meaning of the Employment Equality Act, 1998) or a service or facility in relation to which that Act applies; sexual orientation means heterosexual, homosexual or bisexual orientation; Traveller community means the community of people who are commonly called Travellers and who are identified (both by themselves and others) as people with a shared history, culture and traditions including, historically, a nomadic way of life on the island of Ireland. (2) In this Act, unless the contrary intention appears (a) a reference to a section or Part is to a section or Part of this Act, (b) a reference to a subsection, paragraph or other subdivision is to the subsection, paragraph or subdivision of the provision in which the reference occurs, and (c) a reference to an enactment is to that enactment as amended by or under any other enactment, including this Act. F8[(3) In any proceedings a respondent is presumed, unless the contrary is shown, to fail to do something when 8

13 PT. I S. 2 (a) the respondent does an act inconsistent with doing it, or (b) the period expires during which the respondent might reasonably have been expected to do it.] F1 Inserted ( ) by Workplace Relations Act 2015 (16/2015), s. 84(1)(a)(i), S.I. No. 410 of 2015, subject to transitional provision in subs. (2). F2 Inserted ( ) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(2)(a) and (c), S.I. No. 648 of F3 Deleted ( ) by Workplace Relations Act 2015 (16/2015), s. 84(1)(a)(ii), S.I. No. 410 of 2015, subject to transitional provision in subs. (2). F4 F5 F6 F7 F8 Substituted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 12, S.I. No. 610 of Inserted ( ) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(a), S.I. No. 274 of Deleted ( ) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(2)(b), S.I. No. 648 of Substituted ( ) by Equality Act 2004 (24/2004), s. 47(a)(i), commenced on enactment. Inserted ( ) by Equality Act 2004 (24/2004), s. 47(a)(ii) and (b), commenced on enactment. Modifications (not altering text): C5 References to Equality Authority construed ( ) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 44(2), S.I. No. 449 of Transfer of functions to Commission (2) References in any enactment or instrument under an enactment to the Human Rights Commission or the Equality Authority, as the case may be (howsoever described) shall be construed as references to the Commission save where other provision is made as respects the construction of the first-mentioned references by any enactment passed before the passing of this Act.... Discrimination (general). 3. F9[(1) For the purposes of this Act discrimination shall be taken to occur (a) where a person is treated less favourably than another person is, has been or would be treated in a comparable situation F10[on any of the grounds specified in subsection (2) or, if appropriate, subsection (3B),] (in this Act referred to as the discriminatory grounds ) which (i) exists, (ii) existed but no longer exists, (iii) may exist in the future, or (iv) is imputed to the person concerned, (b) where a person who is associated with another person 9

14 PT. I S. 3 (i) is treated, by virtue of that association, less favourably than a person who is not so associated is, has been or would be treated in a comparable situation, and (ii) similar treatment of that other person on any of the discriminatory grounds would, by virtue of paragraph (a), constitute discrimination, or (c) where an apparently neutral provision F10[would put a person] referred to in any paragraph of section 3(2) at a particular disadvantage compared with other persons, unless the provision is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary.] (2) As between any two persons, the discriminatory grounds (and the descriptions of those grounds for the purposes of this Act) are: (a) that one is male and the other is female (the gender ground ), (b) that they are of different F11[civil status] (the F11[civil status] ground ), (c) that one has family status and the other does not or that one has a different family status from the other (the family status ground ), (d) that they are of different sexual orientation (the sexual orientation ground ), (e) that one has a different religious belief from the other, or that one has a religious belief and the other has not (the religion ground ), (f) subject to subsection (3), that they are of different ages (the age ground ), (g) that one is a person with a disability and the other either is not or is a person with a different disability (the disability ground ), (h) that they are of different race, colour, nationality or ethnic or national origins (the ground of race ), (i) that one is a member of the Traveller community and the other is not (the Traveller community ground ), (j) that one (i) has in good faith applied for any determination or redress provided for in Part II or III, (ii) has attended as a witness before the Authority, the F12[adjudication officer] or a court in connection with any inquiry or proceedings under this Act, (iii) has given evidence in any criminal proceedings under this Act, (iv) has opposed by lawful means an act which is unlawful under this Act, or (v) has given notice of an intention to take any of the actions specified in subparagraphs (i) to (iv), and the other has not (the victimisation ground ). F9[(3) (a) Treating a person who has not attained the age of 18 years less favourably or more favourably than another, whatever that person s age shall not be regarded as discrimination on the age ground. (b) Paragraph (a) does not apply in relation to the provision of motor vehicle insurance to licensed drivers under that age. 10

15 PT. I S. 3 (3A) In any proceedings statistics are admissible for the purpose of determining whether discrimination has occurred by virtue of subsection (1)(c).] F13[(3B) For the purposes of section 6(1)(c), the discriminatory grounds shall (in addition to the grounds specified in subsection (2)) include the ground that as between any two persons, that one is in receipt of rent supplement (within the meaning of section 6(8)), housing assistance (construed in accordance with Part 4 of the Housing (Miscellaneous Provisions) Act 2014) or any payment under the Social Welfare Acts and the other is not (the housing assistance ground ).] (4) The Minister shall, not later than two years after the commencement of this section, review the operation of this Act to assess whether there is a need to add to the discriminatory grounds specified in subsection (2). F9 F10 F11 F12 Substituted and inserted ( ) by Equality Act 2004 (24/2004), s. 48(a) and (b), commenced on enactment. Substituted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 13(a)(i) and (ii), S.I. No. 610 of Substituted ( ) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of Substituted ( ) by Workplace Relations Act 2015 (16/2015), s. 84(1)(c), S.I. No. 410 of 2015, subject to transitional provision in subs. (2). F13 Inserted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 13(b), S.I. 610 of Discrimination on ground of disability. 4. (1) For the purposes of this Act discrimination includes a refusal or failure by the provider of a service to do all that is reasonable to accommodate the needs of a person with a disability by providing special treatment or facilities, if without such special treatment or facilities it would be impossible or unduly difficult for the person to avail himself or herself of the service. (2) A refusal or failure to provide the special treatment or facilities to which subsection (1) refers shall not be deemed reasonable unless such provision would give rise to a cost, other than a nominal cost, to the provider of the service in question. (3) A refusal or failure to provide the special treatment or facilities to which subsection (1) refers does not constitute discrimination if, by virtue of another provision of this Act, a refusal or failure to provide the service in question to that person would not constitute discrimination. (4) Where a person has a disability that, in the circumstances, could cause harm to the person or to others, treating the person differently to the extent reasonably necessary to prevent such harm does not constitute discrimination. (5) This section is without prejudice to the provisions of sections 7(2)(a), 9(a) and 15(2)(g) of the Education Act, 1998, in so far as they relate to functions of the Minister for Education and Science, recognised schools and boards of management in regard to students with a disability. (6) In this section provider of a service means (a) the person disposing of goods in respect of which section 5(1) applies, 11

16 PT. I S. 4 (b) the person responsible for providing a service in respect of which section 5(1) applies, (c) the person disposing of any estate or interest in premises in respect of which section 6(1)(a) applies, (d) the person responsible for the provision of accommodation or any related services or amenities in respect of which section 6(1)(c) applies, (e) an educational establishment within the meaning of subsection (1) of section 7 in relation to any of the matters referred to in subsection (2) of that section, or (f) a club within the meaning of section 8(1) in respect of admission to membership or a service offered to its members, as the case may be, and service shall be construed accordingly; providing, in relation to the special treatment or facilities to which subsection (1) refers, includes making provision for or allowing such treatment or facilities, and cognate words shall be construed accordingly. PART II DISCRIMINATION AND RELATED ACTIVITIES Disposal of goods and provision of services. 5. (1) A person shall not discriminate in disposing of goods to the public generally or a section of the public or in providing a service, whether the disposal or provision is for consideration or otherwise and whether the service provided can be availed of only by a section of the public. (2) F14[Subject to subsections (4) and (4A), subsection (1) shall not apply in respect of ] (a) an activity referred to in section 7(2), (b) a service related to a matter provided for under section 6, or a service offered to its members by a club in respect of which section 8 applies, (c) differences in the treatment of persons on the gender ground in relation to services of an aesthetic, cosmetic or similar nature, where the services require physical contact between the service provider and the recipient, (d) differences in the treatment of persons in relation to annuities, pensions, insurance policies or any other matters related to the assessment of risk F15[(other than on the gender ground or in any other circumstances to which the Gender Goods and Services Directive is relevant)] where the treatment (i) is effected by reference to (I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or (II) other relevant underwriting or commercial factors, and (ii) is reasonable having regard to the data or other relevant factors, F15[F14[(da) differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of classes of insurance 12

17 PT. II S. 5 to which this paragraph applies pursuant to subsection (3) where the treatment (i) is effected by reference to (I) actuarial or statistical data obtained from a source on which it is reasonable to rely, or (II) other relevant underwriting or commercial factors, and (ii) is reasonable having regard to the data or other relevant factors, and (iii) is effected, in the case of a class of insurance specified in paragraph (a) or (b) of subsection (3), pursuant to a contract which is concluded before 21 December 2012,]] (e) differences in the treatment of person on the religion ground in relation to goods or services provided for a religious purpose, (f) differences in the treatment of persons on the gender, age or disability ground or on the basis of nationality or national origin in relation to the provision or organisation of a sporting facility or sporting event to the extent that the differences are reasonably necessary having regard to the nature of the facility or event and are relevant to the purpose of the facility or event, (g) differences in the treatment of persons on the gender ground where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender, (h) differences in the treatment of persons in a category of persons in respect of services that are provided for the principal purpose of promoting, for a bona fide purpose and in a bona fide manner, the special interests of persons in that category to the extent that the differences in treatment are reasonably necessary to promote those special interests, (i) differences in the treatment of persons on the gender, age or disability ground or on the ground of race, reasonably required for reasons of authenticity, aesthetics, tradition or custom in connection with a dramatic performance or other entertainment, (j) an age requirement for a person to be an adoptive or foster parent, where the requirement is reasonable having regard to the needs of the child or children concerned, (k) a disposal of goods by will or gift, or (l) differences, not otherwise specifically provided for in this section, in the treatment of persons in respect of the disposal of goods, or the provision of a service, which can reasonably be regarded as goods or a service suitable only to the needs of certain persons. F15[(3) The classes of insurance to which paragraph (da) of subsection (2) applies are (a) those classes of insurance named Motor Insurance in Part B of Annex I to the European Communities (Non-Life Insurance) Framework Regulations 1994 (S.I. No. 359 of 1994), (b) those classes of insurance, being life assurance, specified as Class I, III or IV in Part A of Annex I to the European Communities (Life Assurance) Framework Regulations 1994 (S.I. No. 360 of 1994), and 13

18 PT. II S. 5 (c) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of health insurance contract in the Health Insurance Act 1994 if, but only if, the differences in treatment referred to in paragraph (da) of subsection (2), in so far as they relate to such contracts or arrangements, as the case may be, are permitted by the law of the place where such contracts or arrangements, as the case may be, are marketed. (4) With effect on and after 21 December 2009, nothing in subsection (2) shall be construed to permit differences in the treatment of persons in relation to premiums and benefits payable under insurance policies based, whether in whole or in part, on costs incurred by insurers in relation to pregnancy and maternity. F16[(4A) (a) With effect on and after 21 December 2012, nothing in subsection (2) shall be construed to permit differences in the treatment of persons on the gender ground, or in any other circumstances to which the Gender Goods and Services Directive is relevant, related to the assessment of risk in respect of contracts of insurance of the classes of insurance specified in paragraph (a) or (b) of subsection (3) where such contracts are concluded on or after that date. (b) For the avoidance of doubt, nothing in paragraph (a) shall be construed as applying to a contract of a class of insurance specified in subsection (3)(a) where the contract concerned is concluded before 21 December 2012 and expires before 21 December 2013, irrespective of whether any adjustment to the insurance cover provided under that contract or any related adjustment to premium is made to the contract concerned during its term and, accordingly, subsection (2)(da) shall continue to apply to that contract during its term.] (5) Subject to section 41(2A), the Central Bank and Financial Services Authority of Ireland (within the meaning of the Central Bank Act 1942 as amended by the Central Bank and Financial Services Authority of Ireland Act 2003) shall compile, publish and maintain data relevant to the use of gender as a determining actuarial factor in the assessment of risk in relation to the classes of insurance to which paragraph (da) of subsection (2) applies pursuant to subsection (3).] F16[(6) The obligations imposed on the Central Bank of Ireland (within the meaning of the Central Bank Act 1942 (as amended by the Central Bank Reform Act 2010)) by virtue of subsection (5), in so far as those obligations relate to the compilation of data referred to in that subsection, shall cease to have effect on and after 21 December (7) Nothing in subsection (6) shall be construed to affect the obligations imposed on the Central Bank of Ireland by virtue of subsection (5), to continue to maintain and publish data referred to in that subsection compiled before 21 December 2012.] F14 F15 F16 Substituted ( ) by Equal Status (Amendment) Act 2012 (41/2012), s. 2(a), commenced on enactment. Inserted ( ) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(b)(i)(II), (III) and (ii), S.I. No. 274 of Inserted ( ) by Equal Status (Amendment) Act 2012 (41/2012), s. 2(b), (c), commenced on enactment. 14

19 PT. II S. 5 Editorial Notes: E6 Previous affecting provision: subs. (2) amended ( ) by Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), s. 76(b)(i)(I), S.I. No. 274 of 2008; substituted as per F-note above. Disposal of premises and provision of accommodation. 6. (1) A person shall not discriminate in (a) disposing of any estate or interest in premises, (b) terminating any tenancy or other interest in premises, or (c) F17[subject to subsection (1A), providing accommodation] or any services or amenities related to accommodation or ceasing to provide accommodation or any such services or amenities. F18[(1A) Subsection (1)(c) is without prejudice to (a) any enactment or rule of law regulating the provision of accommodation, or (b) the right of a person providing accommodation to make it a condition of the provision of that accommodation that rent supplement is paid directly to that person.] (2) Subsection (1) does not apply in respect of (a) the disposal of any estate or interest in premises by will or gift, (b) F19[...] (c) any disposal of such an estate or interest, or any provision of accommodation or of any services or amenities relating to accommodation, which is not available to the public generally or a section of the public, F20[(d) the provision of accommodation by a person in a part (other than a separate and self-contained part) of the person s home, or where the provision of the accommodation affects the person s private or family life or that of any other person residing in the home, or] or (e) the provision of accommodation to persons of one gender where embarrassment or infringement of privacy can reasonably be expected to result from the presence of a person of another gender. (3) References in subsection (2) to the disposal of an estate or interest in premises or the provision of accommodation or of any services or amenities relating to accommodation include references to the termination of any tenancy or other interest in those premises or ceasing to provide such accommodation, services or amenities. (4) F19[...] (5) Where any premises or accommodation are reserved for the use of persons in a particular category of persons for a religious purpose or as a refuge, nursing home, retirement home, home for persons with a disability or hostel for homeless persons or for a similar purpose, a refusal to dispose of the premises or provide the accommodation to a person who is not in that category does not, for that reason alone, constitute discrimination. (6) Nothing in subsection (1) shall be construed as prohibiting (a) a housing authority, pursuant to its functions under the Housing Acts, 1966 to 1998, or 15

20 PT. II S. 6 (b) a body approved under section 6 of the Housing (Miscellaneous Provisions) Act, 1992, from providing, in relation to housing accommodation, different treatment to persons based on family size, family status, F21[civil status], disability, age or membership of the Traveller community. F22[(7) (a) Nothing in subsection (1) shall be construed as prohibiting, in relation to housing accommodation provided by or on behalf of the Minister, different treatment to persons on the basis of nationality, gender, family size, family status, F21[civil status], disability, age or membership of the Traveller community. (b) Nothing in paragraph (a) shall derogate from any of the obligations of the State under the treaties governing the European Communities within the meaning of the European Communities Acts 1972 to 2003 or any Act adopted by an institution of those Communities.] F18[(8) In this section, rent supplement means a payment made under section 198(3) of the Social Welfare Consolidation Act 2005 towards the amount of rent payable by a person in respect of his or her residence.] F17 F18 F19 F20 F21 F22 Substituted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 14(a), S.I. No. 610 of Inserted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 14(b) and (c), S.I. No. 610 of Deleted ( ) by Equality Act 2004 (24/2004), s. 49(a), commenced on enactment. Substituted ( ) by Equality Act 2004 (24/2004), s. 49(b), commenced on enactment. Substituted ( ) by Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010), s. 103(3), S.I. No. 648 of Inserted ( ) by Equality Act 2004 (24/2004), s. 49(c), commenced on enactment. Educational establishments. 7. (1) In this section educational establishment means a preschool service within the meaning of Part VII of the Child Care Act, 1991, a primary or post-primary school, an institution providing adult, continuing or further education, or a university or any other third-level or higher-level institution, whether or not supported by public funds. (2) An educational establishment shall not discriminate in relation to (a) the admission or the terms or conditions of admission of a person as a student to the establishment, (b) the access of a student to any course, facility or benefit provided by the establishment, (c) any other term or condition of participation in the establishment by a student, or (d) the expulsion of a student from the establishment or any other sanction against the student. (3) An educational establishment does not discriminate under subsection (2) by reason only that 16

21 PT. II S. 7 (a) where the establishment is not a third-level institution and admits students of one gender only, it refuses to admit as a student a person who is not of that gender, (b) where the establishment is an institution established for the purpose of providing training to ministers of religion and admits students of only one gender or religious belief, it refuses to admit as a student a person who is not of that gender or religious belief, (c) where the establishment is a school providing primary or post-primary education to students and the objective of the school is to provide education in an environment which promotes certain religious values, it admits persons of a particular religious denomination in preference to others or it refuses to admit as a student a person who is not of that denomination and, in the case of a refusal, it is proved that the refusal is essential to maintain the ethos of the school, (d) without prejudice to section 3 of the Refugee Act, 1996, where the establishment is an institution providing adult, continuing or further education or a university or other third-level institution (i) it provides different treatment in relation to F23[(I) the fees for admission or attendance by persons who are citizens of Ireland, nationals of another Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area and persons who are not, or] (II) the allocation of places at the establishment to those nationals and other nationals, or (ii) it offers assistance to particular categories of persons or (I) by way of sponsorships, scholarships, bursaries or other awards, being assistance which is justifiable, having regard to traditional and historical considerations, or (II) in relation to the allocation of places at the establishment, where the allocation is made pursuant to an agreement concerning the exchange of students made between the establishment and an educational institution or authority in a jurisdiction other than the State, (e) where the establishment is a university or other third-level institution, it provides different treatment in the allocation of places at the establishment to mature students (within the meaning of the Local Authorities (Higher Education Grants) Acts, 1968 to 1992). (4) Subsection (2) does not apply (a) in respect of differences in the treatment of students on the gender, age or disability ground in relation to the provision or organisation of sporting facilities or sporting events, to the extent that the differences are reasonably necessary having regard to the nature of the facilities or events, or (b) to the extent that compliance with any of its provisions in relation to a student with a disability would, by virtue of the disability, make impossible, or have a seriously detrimental effect on, the provision by an educational establishment of its services to other students. 17

22 PT. II S. 7 F24[(5) (a) In this subsection grants means grants to assist persons to attend or continue to attend (i) an institution providing adult, continuing or further education, (ii) a university, or (iii) any other third-level or higher-level institution, whether or not supported by public funds. (b) The Minister for Education and Science does not discriminate where he or she (i) requires grants to be restricted to persons who are F23[citizens of Ireland, nationals of a Member State, nationals of the Swiss Confederation or nationals of a member state of the European Economic Area], or (ii) requires F23[such citizens or nationals] and other persons to be treated differently in relation to the making of grants.] F25[(6) In this section, member state of the European Economic Area means a state that is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement.] F23 F24 F25 Substituted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 15(a), (b), S.I. No. 610 of Inserted ( ) by Equality Act 2004 (24/2004), s. 50, commenced on enactment. Inserted ( ) by Equality (Miscellaneous Provisions) Act 2015 (43/2015), s. 15(c), S.I. No. 610 of Discriminating clubs. 8. (1) In this section certificate of registration, in relation to a club, means the certificate of registration of the club under the Registration of Clubs Acts, 1904 to 1999; club means a club that has applied for or holds a certificate of registration. (2) For the purposes of this section (a) a club shall be considered to be a discriminating club if (i) it has any rule, policy or practice which discriminates against a member or an applicant for membership, or (ii) a person involved in its management discriminates against a member or an applicant for membership in relation to the affairs of the club, (b) without prejudice to the generality of paragraph (a), any of the following acts, if done by a club or a person involved in its management on any of the discriminatory grounds, is evidence that the club is a discriminating club: (i) refusing to admit a person to membership; (ii) providing different terms and conditions of membership for members or applicants for membership; 18

23 PT. II S. 8 (iii) terminating the membership of a person or subjecting a member to any other sanction; or (iv) refusing or failing, in contravention of section 4(1), to do all that is reasonable to accommodate the needs of a member, or an applicant for membership, with a disability. (3) Any person, including the Authority (in this section referred to as the applicant ), may, on application to the District Court (in this section referred to as the Court ), request that the Court make a determination as to whether a club is a discriminating club. (4) An application may be dismissed by the Court if it is found to have been brought in bad faith or to be frivolous or vexatious or to relate to a trivial matter. (5) A copy of the application shall be served by the applicant, by personal service or by post, on the club and on such members, officers and employees of the club (if any) and such other persons (if any) as the Court may by order direct and the application shall be considered by the Court, providing to the applicant, the club and to any such members, officers, employees and other persons a reasonable opportunity to make representations. (6) After considering the representations, the Court shall (a) make an order in writing setting out its determination as to whether or not the club is a discriminating club, and (b) cause a copy of the order to be transmitted to the Minister. (7) (a) Where (i) the Court makes an order under subsection (6)(a) setting out its determination that a club is a discriminating club, and (ii) the order is the first such order in relation to the club, the Court shall include in the order a provision suspending the certificate of registration of the club for a period not exceeding 30 days. (b) Where the Court makes any subsequent such order, section 10 shall apply and have effect in relation to it. (8) (a) The applicant, the club or any other person on whom a copy of the application under subsection (3) was served may, within 42 days after the order, appeal to the Circuit Court against the order or a provision of the order suspending the certificate of registration. (b) On an appeal against the order the Circuit Court may by order (i) in case the District Court has determined that the club is not a discriminating club, either (I) affirm the order, or (II) allow the appeal, make a determination that theclub is a discriminating club and, if the determination is the first such determination in relation to the club, suspend the certificate of registration of the club for a period not exceeding 30 days, (ii) in any other case (I) affirm the order, 19