Irish Human Rights and Equality Commission Act 2014

2.

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.

Annotations:

Modifications (not altering text):

C2

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

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are transferred to the Minister for Children and Youth Affairs.

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(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

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Irish Human Rights and Equality Commission Act 2014 (No. 25 of 2014)

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