Irish Human Rights and Equality Commission Act 2014

Irish Human Rights and Equality Commission Act 2014 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Irish Human Rights and Equality Commission Act 2014 Irish Human Rights and Equality Commission Act 2014 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Revised Act Acht Athbh… Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 25 of 2014 IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014 CONTENTS PART 1 Preliminary and General Section 1. Short title, collective citation, construction and commencement 2. Interpretation 3. Regulations 4. Expenses 5. Service of documents 6. Penalties 7. Repeals PART 2 Irish Human Rights and Equality Commission 8. Establishment day 9. Establishment of Irish Human Rights and Equality Commission 10. Functions of Commission 11. Conferral of additional functions on Commission 12. Membership of Commission 13. Appointment of members of Commission 14. Conditions of office of membership of Commission 15. Casual vacancies 16. Meetings and procedure 17. Membership of Management Board of European Union Agency for Fundamental Rights 18. Advisory committees, etc. 19. Membership of either House of Oireachtas or European Parliament 20. Director 21. Functions of Director 22. Accountability of Director to Public Accounts Committee 23. Accountability of Director to other Oireachtas Committees 24. Staff of Commission 25. Strategy statement 26. Grants to Commission 27. Accounts of Commission 28. Annual report PART 3 Enforcement and Compliance 29. Definitions for purposes of this Part 30. Provision of information to public, review of operation of certain enactments, etc. 31. Codes of practice 32. Equality reviews and equality action plans 33. Substantive notices 34. Appeal of substantive notice 35. Inquiries 36. Equality and human rights compliance notices 37. Appeal of equality and human rights compliance notice 38. Register of equality and human rights compliance notices 39. Injunctions for failure to comply with equality and human rights compliance application notice 40. Legal and other assistance 41. Institution of legal proceedings by Commission 42. Public bodies PART 4 Dissolved Bodies 43. Dissolution of bodies 44. Transfer of functions to Commission 45. Transfer of staff 46. Transfer of land and other property 47. Transfer of rights and liabilities, and continuation of leases, licences and permissions granted by dissolved body 48. Liability for loss occurring before establishment day 49. Provisions consequent upon transfer of functions, assets and liabilities to Commission 50. Final accounts and final annual report of dissolved body 51. Saver in respect of certain schemes PART 5 Amendment of European Convention on Human Rights Act 2003 52. Definition for purposes of this Part 53. Amendment of section 1 of Act of 2003 54. Enforceable right to compensation only to extent required by Article 5(5) of Convention 55. Text of Convention for the Protection of Human Rights and Fundamental Freedoms SCHEDULE 1 Repeals SCHEDULE 2 Inquiries SCHEDULE 3 Convention for the Protection of Human Rights and Fundamental Freedoms SCHEDULE 4 Insertion of a Schedule 6 in Act of 2003 Acts Referred to British-Irish Agreement Act 1999 (No. 1) Civil Legal Aid Act 1995 (No. 32) Civil Registration (Amendment) Act 2012 (No. 48) Civil Service Commissioners Act 1956 (No. 45) Civil Service Regulation Acts 1956 to 2005 Companies Acts Comptroller and Auditor General (Amendment) Act 1993 (No. 8) Comptroller and Auditor General Acts 1866 to 1998 Criminal Justice (Legal Aid) Act 1962 (No. 12) Education and Training Boards Act 2013 (No. 11) Employment Equality Act 1998 (No. 21) Employment Equality Acts 1998 to 2011 Equal Status Act 2000 (No. 8) Equal Status Acts 2000 to 2012 European Convention on Human Rights Act 2003 (No. 20) European Parliament Elections Act 1997 (No. 2) Human Rights Commission Act 2000 (No. 9) Intoxicating Liquor Act 2003 (No. 31) Local Government Act 2001 (No. 37) Minimum Notice and Terms of Employment Acts 1973 to 2005 Organisation of Working Time Act 1997 (No. 20) Pensions Act 1990 (No. 25) Protection of Employees (Part-Time Work) Act 2001 (No. 45) Redundancy Payments Acts 1967 to 2012 Solicitors Act 1954 (No. 36) Unfair Dismissals Acts 1977 to 2007 Number 25 of 2014 IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014 An Act to provide for the establishment of a body to be known as Coimisiún na hÉireann um Chearta an Duine agus Comhionannas or, in the English language, the Irish Human Rights and Equality Commission; to provide for the dissolution of the Human Rights Commission and the Equality Authority and the transfer of their functions to that body; to provide for the conferral of other functions on the said body; to provide that the said body is the body designated for the purposes of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers1 ; to amend the Employment Equality Act 1998 , the Equal Status Act 2000 and the European Convention on Human Rights Act 2003 ; to repeal the Human Rights Commission Act 2000 ; and to provide for matters connected therewith. [27 th July, 2014] Be it enacted by the Oireachtas as follows: PART 1 Preliminary and General Short title, collective citation, construction and commencement 1. (1) This Act may be cited as the Irish Human Rights and Equality Commission Act 2014. (2) The European Convention on Human Rights Act 2003 and Part 5 may be cited as the European Convention on Human Rights Acts 2003 and 2014. (3) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions, and for the repeal of different provisions of the enactments effected by section 7 . Interpretation 2. (1) In this Act— “Act of 1998” means the Employment Equality Act 1998 ; “Act of 2000” means the Equal Status Act 2000 ; “Act of 2003”, other than in Part 5, means the Intoxicating Liquor Act 2003 ; “advisory committee” means a committee appointed by the Commission under section 18 ; “Chief Commissioner” has the meaning assigned to it by section 12 ; “Commission” has the meaning assigned to it by section 9 ; “Council Regulation 168/2007” means Council Regulation (EC) No. 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights2 ; “dignity” means, in relation to a person, the inviolable intrinsic value, equal to other persons, that the person has and includes the recognition by other persons of such value with respect of that person; “Director” means the Director of the Commission; “discriminate”, in so far as it relates to— (a) matters to which the Act of 1998 relate, has the meaning it has in the section 6 of that Act, and (b) matters to which the Act of 2000 relate, has the meaning it has in section 3(1) or 4(1) of that Act, and includes the issuing of an instruction to discriminate and prohibited conduct; “discriminatory grounds” in so far as it relates to— (a) matters to which the Act of 1998 relate, has the meaning it has in the section 6(1) of that Act, and (b) matters to which the Act of 2000 relate, has the meaning it has in section 3(2) of that Act; “enactment” means a statute or an instrument made under a power conferred by statute; “equality action plan” and “equality review” have the meanings respectively assigned to them by section 29 ; “European Union Agency for Fundamental Rights” means the agency established under Council Regulation 168/2007; “human rights”, other than in Part 3, means— (a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, (b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party, and (c) without prejudice to the generality of paragraphs (a) and (b), the rights, liberties and freedoms that may reasonably be inferred as being— (i) inherent in persons as human beings, and (ii) necessary to enable each person to live with dignity and participate in the economic, social or cultural life in the State; “inquiry” means an inquiry conducted by the Commission under section 35 ; “Minister” means the Minister for Justice and Equality; “prescribed” means prescribed by regulations made by the Minister; “prohibited conduct” has the meaning it has in section 2 of the Act of 2000; “public body” means— (a) a Department of State (other than, in relation to the Department of Defence, the Defence Forces) for which a Minister of the Government is responsible, (b) a local authority within the meaning of the Local Government Act 2001 , (c) the Health Service Executive, (d) a university or institute of technology, (e) an education and training board established under section 9 of the Education and Training Boards Act 2013 , (f) any other person, body or organisation established— (i) by or under an enactment (other than the Companies Acts) or charter, (ii) by any Scheme administered by a Minister of the Government, or (iii) under the Companies Acts in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government, (g) a company (within the meaning of the Companies Acts) a majority of the shares in which are held by or on behalf of a Minister of the Government, (h) any other person, body, organisation or group financed wholly or partly out of moneys provided by the Oireachtas that stands prescribed for the time being (being a person, body, organisation or group that, in the opinion of the Minister, following consultation with the Commission, ought, in the public interest and having regard to the provisions and spirit of this Act, to be prescribed); “selection panel” means a panel of persons appointed by the Service under section 13 ; “Service” means the Public Appointments Service. (2) In this Act a reference to “relevant agencies and civil society” includes a reference to— (a) non-governmental organisations concerned with the promotion or protection of human rights or equality, including organisations specialising in the promotion of economic and social development, (b) trade unions and other business, professional and social organisations, (c) third level institutions and other experts in education, (d) religious bodies, secular bodies (within the meaning of the Civil Registration (Amendment) Act 2012 ) or other groups that are representative of religious thought and beliefs or philosophical beliefs, and (e) public bodies. Regulations 3. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed. (2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations. (3) Every regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly, without prejudice to the validity of anything previously done thereunder. Expenses 4. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas. Service of documents 5. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways: (a) by delivering it in person; (b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address. (2) For the purposes of this section, a company within the meaning of the Companies Acts shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business. Penalties 6. (1) A person guilty of an offence under this Act (other than an offence under section 33 or 36 ) shall be liable— (a) on summary conviction to a class C fine or to imprisonment for a term not exceeding 1 year or to both, or (b) on conviction on indictment, to a fine not exceeding €32,000 or to imprisonment for a term not exceeding 2 years or to both. (2) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence. (3) Where the affairs of a body corporate are managed by its members, subsection (2) applies to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. (4) Summary proceedings for an offence under this Act may be brought and prosecuted by the Commission. Repeals 7. Each of the Acts specified in column (1) and column (2) of Schedule 1 is repealed to the extent specified in column (3) of that Schedule. PART 2 Irish Human Rights and Equality Commission Establishment day 8. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act. Establishment of Irish Human Rights and Equality Commission 9. (1) There shall stand established on the establishment day, a body which shall be known, in the Irish language as Coimisiún na hÉireann um Chearta an Duine agus Comhionannas or, in the English language, the Irish Human Rights and Equality Commission (in this Act referred to as the “Commission”), to perform the functions conferred on it by or under this Act. (2) The Commission shall, subject to the provisions of this Act, be independent in the performance of its functions. (3) Notwithstanding the generality of subsection (2), the Commission shall in the performance of its functions have regard to, and be guided by, best international practice applicable to national human rights institutions and to equality bodies. (4) The Commission shall be a body corporate with perpetual succession and an official seal and shall have power to sue, and may be sued, in its corporate name, and shall, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform have the power to acquire, hold and dispose of land or an interest in land, and shall have the power to acquire, hold and dispose of any other property. (5) The seal of the Commission shall be authenticated by the signatures of— (a) the Chief Commissioner, or another member of the Commission authorised by it to act on its behalf, and (b) a member of staff of the Commission authorised by it to act in that behalf. (6) Judicial notice shall be taken of the seal of the Commission and any document purporting to be an instrument made by, and to be sealed with the seal of, the Commission shall, unless the contrary is shown, be received in evidence and be deemed to be such an instrument without further proof. Functions of Commission 10. (1) The functions of the Commission shall be— (a) to protect and promote human rights and equality, (b) to encourage the development of a culture of respect for human rights, equality, and intercultural understanding in the State, (c) to promote understanding and awareness of the importance of human rights and equality in the State, (d) to encourage good practice in intercultural relations, to promote tolerance and acceptance of diversity in the State and respect for the freedom and dignity of each person, and (e) to work towards the elimination of human rights abuses, discrimination and prohibited conduct. (2) The Commission shall, in furtherance of the functions referred to in subsection (1), have, in addition to the functions assigned to it by any other provision of this Act or of any other enactment, the following functions: (a) to provide information to the public in relation to human rights and equality generally including information in respect of the enactments to which section 30 refers; (b) to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights and equality; (c) either of its own volition or on being so requested by a Minister of the Government, to examine any legislative proposal and report its views on any implications for human rights or equality; (d) either of its own volition or on being so requested by the Government, to make such recommendations to the Government as it deems appropriate in relation to the measures which the Commission considers should be taken to strengthen, protect and uphold human rights and equality in the State; (e) to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, as amicus curiae in proceedings before that court that involve or are concerned with the human rights or equality rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion); (f) to provide such practical assistance, including legal assistance, to persons in vindicating their rights as it sees fit in accordance with section 40 ; (g) where it sees fit, to institute proceedings under section 41 or section 19 of the Act of 2003, as may be appropriate; (h) to consult with such national, European Union or international bodies or agencies having a knowledge or expertise in the field of human rights or equality as it sees fit; (i) to be the body designated for the purposes of Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers3 ; (j) to undertake, sponsor, commission or provide financial or other assistance for research and educational activities; (k) to provide or assist in the provision of education and training on human rights and equality issues; (l) either of its own volition or at the request of the Minister, to undertake, sponsor, commission, or provide financial or other assistance for programmes of activities and projects for the promotion of integration of migrants and other minorities, equality (including gender equality) and respect for diversity and cultural difference; (m) to carry out equality reviews and prepare equality action plans or to invite others to do so, where appropriate, pursuant to section 32 ; (n) to assist public bodies in accordance with section 42 ; (o) to conduct inquiries under and in accordance with section 35 ; (p) to prepare and publish, in such manner as it sees fit, reports including reports on any research undertaken, sponsored, commissioned or assisted by it under paragraph (j) or in relation to inquiries referred to in paragraph (o); (q) to participate in the Joint Committee with the Northern Ireland Human Rights Commission in accordance with the Multi-Party Agreement annexed to the British-Irish Agreement (within the meaning of the British-Irish Agreement Act 1999 ); (r) to perform such other functions transferred to it under section 44 . (3) Without prejudice to the generality of section 9 (2), the Commission shall exercise its functions under this Act with a view to encouraging and supporting the development of a society in which— (a) there is respect for, and protection of, each person’s human rights, (b) there is respect for the dignity and worth of each person, (c) a person’s ability to achieve his or her potential is not limited by prejudice, discrimination, neglect or prohibited conduct, (d) each person has a fair and equal opportunity to participate in the economic, political, social or cultural life of the State, and (e) there is mutual respect between persons, including classes of persons, based on a shared understanding of the value of diversity within society and on a shared respect for equality and human rights. (4) The Commission shall, in the exercise of its functions under Part 3, exercise those functions in a manner which it considers to be most appropriate and proportionate in the circumstances. (5) The Commission shall have all such powers as are necessary or expedient for the performance of its functions. (6) The Commission may perform any of its functions through or by any member of the staff of the Commission duly authorised in that behalf by the Commission. Conferral of additional functions on Commission 11. (1) The Minister may, with the consent of the Minister for Public Expenditure and Reform, and with the agreement of the Commission, confer on the Commission, by order, such additional functions connected with the functions for the time being of the Commission as he or she thinks fit, subject to such conditions (if any) as may be specified in the order. (2) An order under this section may contain such incidental, supplemental and consequential provisions as may, in the opinion of the Minister, be necessary to give full effect to the order. (3) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House sits after the order is laid before it, the order shall be annulled accordingly, without prejudice to the validity of anything previously done thereunder. Membership of Commission 12. (1) The Commission shall consist of not more than 15 and not less than 12 members, one of whom shall be the Chief Commissioner of the Commission. (2) Of the members of the Commission, not less than 6 of them shall be men and not less than 6 of them shall be women, and in a case where there are 14 or more members, not less than 7 of them shall be men and not less than 7 of them shall be women. (3) Each member of the Commission shall be appointed by the President, in accordance with section 13 , and shall hold office for such period not exceeding 5 years as the President, on the advice of the Government, may determine when appointing him or her. (4) Each member of the Commission shall hold his or her office on such terms and conditions as are determined by the Government at the time of his or her appointment and shall, subject to subsection (9), be eligible for re-appointment for a further term not exceeding 5 years. (5) The Commission may act notwithstanding any vacancy among its members (including one or more vacancies that result in subsection (1) or (2) not being complied with). (6) Of the persons who on establishment day are to comprise the members of the Commission— (a) 7 such members shall be appointed for a term of 3 years, and (b) 8 such members, including the Chief Commissioner, shall be appointed for a term of 5 years. (7) A person who was appointed by the Government on 16 April 2013 to the Human Rights Commission may, on the establishment day, be appointed to be a member of the Commission. (8) Subject to subsection (9), a member of the Commission whose term of office expires with the passage of time shall be eligible for re-appointment to the Commission. (9) A member of the Commission who has served 2 terms of office shall not be eligible for re-appointment to the Commission, and a period during which a person serves as a member of the Commission pursuant to an appointment under section 15 shall be deemed for the purposes of this subsection to be a term of office. (10) For the purposes of subsection (9), one or more terms of office as a member of— (a) the Human Rights Commission, or (b) the Equality Authority, shall be deemed to be a term of office and shall be reckoned as one term of office only, however, where the term of office ends on or immediately before the establishment day, such term shall not be deemed to be a term of office and, accordingly shall not be reckoned for the purposes of the subsection. (11) Notwithstanding the generality of subsection (9), a person who has served 2 terms of office shall be eligible for re-appointment to the Commission after a period of 5 years has elapsed immediately following the expiry of the most recent term of office of the person as a member of the Commission. Appointment of members of Commission 13. (1) A member of the Commission shall be appointed by the President— (a) on the advice of the Government, and (b) following the passing of a resolution of each House of the Oireachtas recommending the appointment. (2) Where a vacancy arises, or is anticipated will arise, on the Commission, the Government shall, for the purposes of identifying persons and making recommendations to the Government in respect of those persons for appointment as members of the Commission, invite the Service to undertake a selection competition. (3) The Service shall, subject to subsection (4), appoint a selection panel. (4) Of the members of the selection panel, one of them shall be nominated by the Director of the European Union Agency for Fundamental Rights. (5) The Service shall appoint the members of the selection panel from amongst persons who, in the opinion of the Service, have relevant experience of, and expertise in relation to, matters connected with any or all of the following: (a) human rights matters or law; (b) equality matters or law; (c) public sector administration and reform; (d) board management and corporate governance. (6) The Minister shall agree with the Service the selection criteria and process to be implemented in respect of the filling of any vacancy on the Commission. (7) A vacancy on the Commission shall be advertised publicly and shall include details of the agreed selection criteria for the filling of the vacancy and the process to be implemented in respect of the filling of that vacancy. (8) The Service may adopt such procedures as it thinks fit to carry out its functions under this section. (9) A person shall not be recommended for appointment by the President under this section unless the person is, in the opinion of the Service and the Government agrees, suitably qualified for such appointment by reason of his or her possessing such relevant experience, training or expertise as is appropriate having regard in particular to the functions conferred on the Commission by or under this Act. (10) The Service shall provide the Government with particulars of experience, training and expertise of the person whom it recommends under this section. (11) Where the Service makes a recommendation for the appointment of a person to the Commission, the Government shall accept that recommendation. (12) In exceptional circumstances, where the Government, for substantial and stated reasons, is unable to accept the recommendation by the Service of a particular person, it shall inform the Service of that fact and the reasons for it and shall request the Service to make another recommendation in respect of the vacancy and, the Service shall— (a) consider the Government’s reasons, and (b) unless the Service disagrees with the reasons and wishes to make representations to the Government in that behalf, make another recommendation for appointment to the Commission. (13) In making recommendations for appointment of persons to the Commission under this section, the Service, and the Government shall have regard to the need to ensure that the members of the Commission broadly reflect the nature of Irish society and that such persons possess knowledge of, or experience in— (a) mattersconnected with human rights, and (b) without prejudice to the generality of paragraph (a),matters connected with persons or classes of persons who are disadvantaged by reference to the following factors: (i) gender; (ii) civil status; (iii) family status; (iv) sexual orientation; (v) religious belief; (vi) age; (vii) disability; (viii) race, including colour, nationality, ethnic or national origin; (ix) membership of the Traveller community. (14) In this section the factors specified in subparagraphs (ii), (iii), (iv), (v), (vii) and (ix) of subsection (13) have the meanings they have in section 2 of the Act of 1998. Conditions of office of membership of Commission 14. (1) A member of the Commission may resign from office by notice in writing given to the President and the resignation shall take effect on the day on which the President receives the notice. (2) The Government may remove a member of the Commission from office, but only on one or more of the following grounds: (a) the member has, without reasonable excuse, failed to discharge his or her functions for a continuous period of not less than 3 months prior to the date of the dismissal beginning not earlier than 6 months before the date of dismissal; (b) the member has become incapable through ill health of performing his or her functions or has committed stated misbehaviour; and then, and only then, where a resolution is passed by both Houses of the Oireachtas calling for the member’s removal. (3) A member of the Commission shall cease to be qualified for office and shall cease to hold office if he or she— (a) is an undischarged bankrupt, or (b) is convicted of a criminal offence. (4) A member of the Commission shall, subject to the provisions of this Act, hold office on such terms and conditions as are determined by the Government at the time of his or her appointment. Casual vacancies 15. (1) If a member of the Commission dies, resigns, ceases to be qualified for office and ceases to hold office or is removed from office, the President may appoint a person to be a member of the Commission to fill the casual vacancy so occasioned in the same manner as the member of the Commission who occasioned the casual vacancy was appointed. (2) Sections 12 (4) and 13 shall, with any necessary modifications, apply to the appointment of a person to be a member of the Commission under this section as it applies to the appointment of a person to be a member of the Commission under that section. Meetings and procedure 16. (1) The Commission shall hold such and so many meetings as may be necessary for the due fulfilment of its functions but in each year shall hold not less than one meeting in each period of 3 months. (2) At a meeting of the Commission— (a) the Chief Commissioner shall, if present, be the chairperson of the meeting, or (b) if and so long as the Chief Commissioner is not present, or if the office of Chief Commissioner is vacant, the members of the Commission who are present shall choose one of the number to act as the chairperson of the meeting. (3) Every question at a meeting shall be determined by a majority of the votes of the members of the Commission present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote. (4) The quorum for a meeting of the Commission shall be 5 or such other number, not being less than 5 as the Commission may determine. (5) Subject to the provisions of this Act, the Commission shall regulate its own procedures. Membership of Management Board of European Union Agency for Fundamental Rights 17. (1) The Commission shall appoint from amongst its membership a person to be a member of the Management Board of the European Union Agency for Fundamental Rights. (2) In this section, “Management Board” has the meaning it has in Council Regulation 168/2007. Advisory committees, etc. 18. (1) The Commission shall, for the purpose of establishing and maintaining effective co-operation with representatives of relevant agencies and civil society— (a) appoint such and so many advisory committees as it thinks fit to assist and advise it on matters relating to its functions, and (b) support, establish or participate in such networks, public consultation processes or public forums, as it sees appropriate. (2) An advisory committee shall be appointed by the Commission for such period and subject to such terms of reference as the Commission thinks appropriate. (3) An advisory committee shall consist of— (a) a presiding member who shall be a member of the Commission, (b) a vice presiding member (who shall act in the absence of the presiding member and who shall be a member of the Commission), and (c) such number of other members including (if the Commission considers it appropriate), persons who are not members of the Commission or its staff, as the Commission may determine and duly appoint. (4) Each member of an advisory committee shall be paid out of moneys at the disposal of the Commission such allowance for expenses incurred by the member as the Minister, with the consent of the Minister for Public Expenditure and Reform, may sanction. (5) A member of an advisory committee may be removed at any time from membership of the committee by the Commission. (6) The Commission may at any time dissolve an advisory committee. (7) The Commission may regulate the procedure and business of an advisory committee but, subject to the foregoing, a committee may regulate its own procedures and business. (8) An advisory committee may act notwithstanding one or more vacancies in its membership. Membership of either House of Oireachtas or European Parliament 19. (1) Where a member of the Commission is— (a) nominated as a member of Seanad Éireann, (b) elected as a member of either House of the Oireachtas or to be a member of the European Parliament, or (c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament, he or she shall thereupon cease to be a member of the Commission. (2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified for membership of the Commission or for employment in any capacity by the Commission. Director 20. (1) There shall be a Director of the Commission (in this Act referred to as the “Director”). (2) The Director may be removed from office by the Commission for stated reasons. (3) The Director shall hold office under a written contract of service (which contract may, at the discretion of the Commission, be renewed) for such period as is specified in the contract and subject to such terms and conditions (including terms and conditions relating to remuneration, allowances and superannuation) as are so specified, as may be determined by the Commission with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform. (4) The Commission may designate a person to be appointed the first Director. (5) If immediately before the establishment day, a person stands designated by the Commission under subsection (4), the person shall on the establishment day stand appointed as the first Director. (6) The Director shall not hold any other office or occupy any other position in respect of which emoluments are payable or carry on any business without the consent of the Commission. (7) The Director shall not be a member of the Commission or an advisory committee but he or she may attend meetings of the Commission or an advisory committee and shall be entitled to speak at and advise such meetings. Functions of Director 21. (1) The Director shall carry on and manage, and control generally, the administration of the Commission and perform such other functions (if any) as may be determined by the Commission. (2) The Director shall perform his or her functions subject to such policies as may be determined by the Commission, and shall be accountable to the Commission for the efficient and effective management of the Commission and for the due performance of his or her functions. (3) The Director shall provide to the Commission such information in relation to the performance of his or her functions (including information with respect of the performance of those functions in so far as they relate to the financial affairs of the Commission) as the Commission may require. (4) The Director may make proposals to the Commission on any matter relating to its functions. (5) The Director shall be the accounting officer in relation to the appropriation accounts of the Commission for the purposes of the Comptroller and Auditor General Acts 1866 to 1998. (6) The Director may, with the consent of the Commission, authorise one or more members of staff of the Commission to perform a specified function of the Director and such member or members so authorised may perform the function accordingly. (7) The Commission may designate a member of the staff of the Commission to perform the functions of Director in the absence of the Director or where the position of Director is vacant, and a member so designated shall in such absence or upon such position being vacant, perform those functions. Accountability of Director to Public Accounts Committee 22. (1) The Director shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General (in this section referred to as the “Committee”), give evidence to that Committee in relation to— (a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General that the Commission is required by this Act to prepare, (b) the economy and efficiency of the Commission in the use of its resources, (c) the systems, procedures and practices employed by the Commission for the purpose of evaluating the effectiveness of its operations, and (d) any matter affecting the Commission referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b), or (c)) that is laid before Dáil Éireann. (2) In the performance of his or her duties under this section, the Director shall not question or express an opinion on the merits of any policy of the Government or any Minister of the Government or on the merits of the objectives of such a policy. Accountability of Director to other Oireachtas Committees 23. (1) In this section, “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 22 or a Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee. (2) Subject to subsection (3), the Director shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Commission. (3) The Director shall not be required to give account before a Committee for any matter which is or has been or may be at a future date, the subject of proceedings before a court or tribunal in the State. (4) Where the Director is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at the time when the Director is before it, the information shall be so conveyed in writing. (5) Where the Director has informed a Committee of this opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to the subject matter of that opinion— (a) the Director may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in summary manner for determination of the question whether the matter is one to which subsection (3) applies, or (b) the chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. (6) Pending the determination of an application under subsection (5), the Director shall not attend before the Committee to give account for the matter that is the subject of the application. (7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2) but if the High Court determines that subsection (3) does not apply, the Director shall attend before the Committee to give account for the matter. Staff of Commission 24. (1) The Commission may, with the consent of the Minister given with the approval of the Minister for Public Expenditure and Reform, appoint such and so many persons to be members of the staff of the Commission as it may determine. (2) The terms and conditions of service of a member of the staff of the Commission and the grade at which he or she serves shall be such as may be determined by the Commission with the consent of the Minister and the Minister for Public Expenditure and Reform. (3) A member of staff of the Commission shall be a civil servant in the Civil Service of the State. (4) The Commission shall be the appropriate authority (within the meaning of the Civil Service Commissioners Act 1956 and the Civil Service Regulation Acts 1956 to 2005) in relation to its officers. (5) The Commission may, with the consent of the Minister, given with the approval of the Minister for Public Expenditure and Reform, make arrangements with— (a) a public body, or (b) any other person, organisation, group or body, including a company or charitable body, for the engagement with the Commission on a temporary basis a person in the service of, or employed by, as the case may be, that public body or person, organisation, group or body referred to in paragraph (b) for such period of time and on such terms and conditions as may be agreed by the Minister, with the consent of the Minister for Public Expenditure and Reform. (6) A person who is engaged on a temporary basis with the Commission pursuant to subsection (5) shall be under the direction and control of the Commission during the period of temporary engagement. Strategy statement 25. (1) The Commission shall— (a) not later than 6 months after the commencement of this section, prepare a strategy statement in respect of the 3 years immediately following the year in which the strategy statement is so submitted, and (b) not later than 3 months before each third anniversary of the preparation in accordance with this subsection of the strategy statement for the time being in effect, prepare a strategy statement in respect of the period of 3 years immediately following the year in which the strategy statement is so prepared. (2) A strategy statement shall— (a) comprise— (i) the key objectives and related strategies, including the use of resources of the Commission, and (ii) having had regard to subparagraph (i), the key priorities and objectives of the Chief Commissioner for his or her term of office, and (b) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Commission. (3) The Commission shall, in preparing a strategy statement, consult in such manner as the Commission considers appropriate with such bodies and groups as it sees fit including but not limited to educational institutions, representatives of relevant agencies and civil society, Departments of State and other public bodies. (4) The Commission shall as soon as may be after the preparation of a strategy statement under subsection (1) cause copies of it to be laid before each House of the Oireachtas. (5) The Commission shall ensure that, as soon as practicable after copies of a strategy statement are laid before both Houses of the Oireachtas in accordance with subsection (4), the strategy statement is published in such manner as the Commission considers appropriate. Grants to Commission 26. In each financial year, the Minister may, after consultation with the Commission, advance to the Commission out of moneys provided by the Oireachtas such sums as appear to the Minister, with the consent of the Minister for Public Expenditure and Reform, to be reasonably sufficient for the purposes of expenditure by the Commission in the performance of its functions. Accounts of Commission 27.(1) The Commission shall keep in such form as may be approved by the Minister with the consent of the Minister for Public Expenditure and Reform all proper and usual accounts of all money received or expended by it and, in particular, shall keep in such form as aforesaid all such special accounts as the Minister, with the consent of the Minister for Public Expenditure and Reform, may direct. (2) Accounts kept in accordance with this section shall be submitted, not later than 1 April in the year immediately following the financial year to which they relate, or on such earlier date as the Minister, after consultation with the Minister for Public Expenditure and Reform, may direct to the Comptroller and Auditor General for audit and, immediately after the audit, a copy of the Comptroller and Auditor General’s report on the accounts shall be presented to the Minister who shall, as soon as may be after they are so presented, cause copies thereof to be laid before each House of the Oireachtas. Annual report 28. (1) The Commission shall not later than 6 months after the end of each financial year of the Commission prepare a report on its activities during that year, and the Commission shall as soon as may be after preparing the report, cause copies to be laid before each House of the Oireachtas. (2) A report under subsection (1) shall include information on the performance of the functions of the Commission during the period to which the report relates and without prejudice to the generality of the foregoing, shall include— (a) an account of— (i) any equality review carried out, (ii) any action plan prepared, (iii) any inquiry conducted, and (iv) the performance of its functions under section 42 and any review carried out by it under subsection (7) of that section, in that period, (b) an account of its activities and any developments undertaken by the Commission in relation to the operation of the Employment Equality Acts 1998 to 2011 in the period, and (c) such other information in such form as the Commission thinks fit or the Minister may request. (3) The Commission shall ensure that, as soon as practicable after copies of an annual report are laid before both Houses of the Oireachtas in accordance with subsection (1), the annual report is published in such manner as the Commission considers appropriate. PART 3 Enforcement and Compliance Definitions for purposes of this Part 29. In this Part— “equality clause” has the meaning it has in the Act of 1998; “equality action plan” means a programme of actions that is prepared by an undertaking or, as the case may be, by the Commission, to be implemented in the undertaking to further the promotion of equality of opportunity therein; “equality and human rights compliance notice” means a notice under section 36 (or where such notice is appealed, the notice as confirmed (with or without amendment) by the Labour Court or the District Court, or the Circuit Court as may be appropriate); “equal remuneration term” has the meaning it has in the Act of 1998; “equality review” means— (a) an audit of the level of equality of opportunity which exists in a particular undertaking, group of undertakings or the undertakings making up a particular industry or sector thereof, and (b) an examination of the practices of, procedures in, and other relevant factors (including the working environment) material to that undertaking or those undertakings to determine whether those practices, procedures or other relevant factors are conducive to the promotion of equality of opportunity in that undertaking; “group of undertakings” includes a group of undertakings so defined by reference to any number of relevant factors including geographical location or control; “human rights” means— (a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, (b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party and which has been given the force of law in the State or by a provision of any such agreement, treaty or convention which has been given such force, and (c) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Convention provisions within the meaning of the European Convention on Human Rights Act 2003 ; “substantive notice” means a notice under section 33 (1) or (2) (or where such notice is appealed, the notice as confirmed (with or without amendment) by the Labour Court or the District Court, or the Circuit Court, as may be appropriate); “undertaking” includes— (a) an activity giving rise to employment, whether or not in the industrial or commercial sector and whether or not with a view to profit, and (b) subject to subparagraph (ii), the provision of services by the provider of a service within the meaning of section 4(6) of the Act of 2000 and accordingly this Part shall apply in relation to the provision of such services with the modifications that— (i) the reference in paragraph (a) of the definition of “equality review” to a particular undertaking shall include a reference to the provision of particular services, and (ii) the references in section 32(2) to an undertaking shall include a reference to a provider of a service (within the meaning of the said section 4(6) other than paragraph (f) thereof), and any other necessary modifications. Provision of information to public, review of operation of certain enactments, etc. 30. (1) The Commission shall— (a) provide information to the public and keep under review the effectiveness of any enactments relating to the protection and promotion of human rights and equality, and (b) without prejudice to the generality of paragraph (a), provide information to the public and keep under review the effectiveness of the working of— (i) the Employment Equality Acts 1998 to 2011, (ii) the Equal Status Acts 2000 to 2012, and (iii) section 19 of the Act of 2003, and, whenever it thinks necessary, make proposals to the Minister for amending any of the enactments referred to in paragraphs (a)and (b). (2) The Commission may, if it thinks fit, and shall, if requested by the Minister, carry out a review of the working or effect of any enactment referred to in subsection (1) and may make such recommendations as it sees fit following such review. (3) The Commission shall keep under review the working of the Pensions Act 1990 in so far as it relates to the principle of equal treatment and may, whenever it thinks necessary, make recommendations to the Minister for Social Protection in relation to that Act. (4) Where in the opinion of the Commission the working or effect of any of the enactments for the time being specified in subsections (1) to (4) of section 17 of the Act of 1998 or of any provision contained in or made under any such enactments is likely to affect or impede the elimination of discrimination in relation to employment or the promotion of equality of opportunity in relation to employment— (a) between men and women, or (b) between persons who differ in terms of any of the other discriminatory grounds, the Commission may, if it thinks fit, and shall if so requested by the Minister carry out a review of the enactment concerned or a provision of it or of its working or effect. (5) For the purposes of assisting it in carrying out a review under this section, the Commission shall consult such persons, groups and organisations (including organisations of trades unions and of employers) as it considers appropriate. (6) Where the Commission carries out a review under this section, it— (a) may, or (b) shall— (i) where the Minister has requested the review, or (ii) where the Minister for Social Protection has requested the review pursuant to subsection (3), make a report of the review to the Minister. (7) A report under subsection (6) may include such recommendations (including recommendations for the amendment of any enactment or any provision of it that is the subject of the review) as the Commission considers necessary. Codes of practice 31. (1) The Commission may, and shall, if so requested by the Minister, prepare for submission to the Minister draft codes of practice in furtherance of one or more of the following aims: (a) the protection of human rights; (b) the elimination of discrimination; (c) the promotion of equality of opportunity in employment; (d) the promotion of equality of opportunity in relation to those matters to which the Act of 2000 applies. (2) Before submitting a draft code of practice to the Minister under subsection (1), the Commission shall consult with such other Minister of the Government or such other person or body as the Commission considers appropriate, or as the Minister may recommend. (3) After a draft code of practice has been submitted under subsection (1), the Minister may by order declare that the draft code— (a) is an approved code of practice for the purposes of this Act, or (b) as amended by the Minister after consultation with the Commission, is an approved code of practice for the purposes of this Act, and an order under this subsection shall set out the text of the approved code to which the order relates. (4) A code of practice under section 56 of the Act of 1998 in operation immediately before the commencement of this section shall— (a) remain in operation after such commencement, and (b) be deemed to be an approved code of practice for the purposes of this section, and may be amended or revoked by order of the Minister. (5) A code of practice standing approved under this section (including a code of practice to which subsection (4) applies) shall be admissible in evidence— (a) in proceedings before a court, or (b) in the case of proceedings under Part VII of the Act of 1998 or Part III of the Act of 2000, before the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal, the Director of the Equality Tribunal, or a rights commissioner. Equality reviews and equality action plans 32. (1) The Commission may invite a particular undertaking, group of undertakings or the undertakings making up a particular industry or sector thereof to— (a) carry out an equality review in relation to that undertaking or those undertakings, or (b) prepare and implement an equality action plan in respect of that undertaking or those undertakings, or both. (2) The Commission may, if it thinks it appropriate, itself— (a) carry out an equality review, or (b) prepare an equality action plan, in relation to any undertaking of 50 or more employees or group of such undertakings or such undertakings making up a particular industry or a sector thereof. (3) An equality review or equality action plan may relate to— (a) equality of opportunity generally, or (b) a particular aspect of discrimination, within an undertaking or group of undertakings or undertakings making up a particular industry or a sector thereof. (4) Where an equality review or equality action plan relates to matters that are covered by both— (a) the Act of 1998, and (b) the Act of 2000, the review or the action plan, as the case may be, shall deal separately with those matters and each part of the review or plan, as the case may be, shall be treated as a separate equality review plan or equality action plan, as the case may be. Substantive notices 33. (1) Without prejudice to the generality of section 32 , where the Commission considers it appropriate to do so for the purposes of an equality review or preparing an equality action plan in respect of an undertaking under section 32 , the Commission may serve a substantive notice on a person— (a) requiring any person so served to supply to the Commission such information as may reasonably be required by the Commission as is specified in the notice, (b) requiring any person so served to produce or send to the Commission such document as is specified in the notice and is within his or her possession or control, however, nothing in this subsection shall be construed to entitle the Commission to require information or documentation relating to an undertaking with fewer than 50 employees. (2) If it appears to the Commission that there is a failure in any undertaking or undertakings to implement any provision of an equality action plan (irrespective of whether the plan is prepared by the Commission or by the undertaking itself), the Commission may serve a substantive notice on a person requiring any person so served to take such action as— (a) is specified in the notice, (b) is reasonably required for the implementation of the plan, and (c) is within that person’s power to take. (3) Before serving a substantive notice on a person under subsection (1) or (2), the Commission shall notify …