Irish Human Rights and Equality Commission Act 2014
Number 25 of 2014
IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014
REVISED
Updated to 3 July 2023
This Revised Act is an administrative consolidation of the Irish Human Rights and Equality Commission Act 2014. 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 the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), enacted 5 July 2023, and all statutory instruments up to and including the Work Life Balance and Miscellaneous Provisions Act 2023 (Commencement) Order 2023 (S.I. No. 341 of 2023), made 3 July 2023, 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 email to
revisedacts@lawreform.ie.
Number 25 of 2014
IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014
REVISED
Updated to 3 July 2023
CONTENTS
Preliminary and General
Section
1. Short title, collective citation, construction and commencement
Irish Human Rights and Equality Commission
9. Establishment of Irish Human Rights and Equality Commission
11. Conferral of additional functions on Commission
13. Appointment of members of Commission
14. Conditions of office of membership of Commission
17. Membership of Management Board of European Union Agency for Fundamental Rights
19. Membership of either House of Oireachtas or European Parliament
22. Accountability of Director to Public Accounts Committee
23. Accountability of Director to other Oireachtas Committees
Enforcement and Compliance
29. Definitions for purposes of this Part
30. Provision of information to public, review of operation of certain enactments, etc.
32. Equality reviews and equality action plans
34. Appeal of substantive notice
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
Dissolved Bodies
44. Transfer of functions to Commission
45A. Civil service status of certain persons and related superannuation benefits
46. Transfer of land and other property
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
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
Repeals
Inquiries
Convention for the Protection of Human Rights and Fundamental Freedoms
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
REVISED
Updated to 3 July 2023
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:
Annotations
Modifications (not altering text):
C1
Functions transferred and references construed (14.10.2020) by Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), arts. 2, 3(1)(a), (3) and sch., in effect as per art. 1(2), subject to transitional provisions in arts. 4-8. Note name of Department and Title of Minister changed from Children and Youth Affairs to Children, Equality, Disability, Integration and Youth (15.10.2020) by Children and Youth Affairs (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 437 of 2020).
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 Children and Youth Affairs.
(2) References to the Department of Justice and Equality contained in any Act or instrument made under such Act and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Children and Youth Affairs.
3. (1) The functions vested in the Minister for Justice and Equality -
(a) by or under the enactments specified in Schedule 1, and
...
are transferred to the Minister for Children and Youth Affairs.
...
(3) References to the Minister for Justice and Equality contained in any Act or instrument made under such Act, and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Children and Youth Affairs.
SCHEDULE 1
Article 3(1)(a)
Enactments, functions by or under which are transferred from the Minister for Justice and Equality to the Minister for Children and Youth Affairs
...
Irish Human Rights and Equality Commission Act 2014 (No. 25 of 2014)
...