Irish Human Rights and Equality Commission Act 2014


Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014

REVISED

Updated to 14 October 2020


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 Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, and all statutory instruments up to and including the Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, 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 14 October 2020


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

This Act is not collectively cited with any other Act.

Annotations

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

www.lawreform.ie/annotations.

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

None

All Acts up to and including Regulated Professions (Health and Social Care) (Amendment) Act 2020 (16/2020), enacted 14 October 2020, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020)

European Union (Prevention and Combating of Human Trafficking) (National Rapporteur) Regulations 2020 (S.I. No. 432 of 2020)

Irish Human Rights and Equality Commission Act 2014 (Establishment Day) Order 2014 (S.I. No. 450 of 2014)

Irish Human Rights and Equality Commission Act 2014 (Commencement) Order 2014 (S.I. No. 449 of 2014)

All statutory instruments up to and including Disability, Equality, Human Rights, Integration and Reception (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 436 of 2020), made 13 October 2020, were considered in the preparation of this revision.


Number 25 of 2014


IRISH HUMAN RIGHTS AND EQUALITY COMMISSION ACT 2014

REVISED

Updated to 14 October 2020


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

REVISED

Updated to 14 October 2020


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 workers 1; 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)

...