Employment Equality Act 1998
Number 21 of 1998
EMPLOYMENT EQUALITY ACT 1998
REVISED
Updated to 9 August 2023
This Revised Act is an administrative consolidation of the Employment Equality Act 1998. 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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Employment Equality Act 1998 (Section 12) (Reservation of Vocational Training Places) Order 2023 (S.I. No. 405 of 2023), made 9 August 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 21 of 1998
EMPLOYMENT EQUALITY ACT 1998
REVISED
Updated to 9 August 2023
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
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Section |
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PART II
Discrimination: General Provisions
Introductory
Discrimination in Specific Areas
Vicarious Liability etc.
Obligations of Employers etc.
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Nature and extent of employer’s obligations in certain cases. |
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Specific Provisions as to Equality Between Women and Men
Introductory
Remuneration
Other Matters
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Sexual harassment in the workplace etc. (Repealed) |
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Specific Provisions as to Equality Between other Categories of Persons
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Savings and exceptions related to the family, age or disability. |
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Exclusion of discrimination on particular grounds in certain employments. |
Equality Authority
General
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Continuation of Employment Equality Agency as Equality Authority. (Repealed) |
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Functions of Authority. (Repealed) |
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Strategic Plans. (Repealed) |
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Membership. (Repealed) |
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Chairperson. (Repealed) |
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Disqualification. (Repealed) |
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Ordinary members. (Repealed) |
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Chairperson and ordinary members may be re-appointed. (Repealed) |
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Vice-chairperson. (Repealed) |
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Meetings and business. (Repealed) |
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Advisory committees. (Repealed) |
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Chief Executive Officer. (Repealed) |
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Accountability of Chief Executive Officer. (Repealed) |
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Staff. (Repealed) |
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Seal of Authority. (Repealed) |
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Accounts and audits. (Repealed) |
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Annual report and provision of information to Minister. (Repealed) |
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Grants and borrowing powers. (Repealed) |
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Codes of practice. (Repealed) |
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Research and information. (Repealed) |
Inquiries by Authority
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Inquiries. (Repealed) |
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Obtaining information etc. for purposes of inquiry. (Repealed) |
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Offences relating to inquiries etc. (Repealed) |
Equality Reviews and Action Plans and Review of Legislation
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Definition (Part VI). (Repealed) |
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Equality reviews and action plans. (Repealed) |
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Enforcement powers in respect of equality reviews and action plans. (Repealed) |
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Appeal against substantive notice. (Repealed) |
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Enforcement of substantive notices. (Repealed) |
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Review of legislation. (Repealed) |
Other Remedies and Enforcement
Introductory
Equality Investigations
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Director General of the Workplace Relations Commission and other officers. |
Redress
Collective Agreements
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Reference of collective agreements to [Director General of the Workplace Relations Commission]. |
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Mediation, decisions and appeals relating to collective agreements. |
Decisions and Determinations Generally
Enforcement by Circuit Court
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Enforcement of determinations, decisions and mediated settlements. |
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Additional powers of Circuit Court on enforcement. (Repealed) |
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Information
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Sanctions for failure or refusal to supply documents, information, etc. |
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Offences
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Obstruction etc. of [Director General of the Workplace Relations Commission] and other officers. |
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Supplementary
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Acts Referred to |
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1995, No. 2 |
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1946, No. 23 |
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1974, No. 15 |
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1988, No. 27 |
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1956, No. 45 |
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1956, No. 46 |
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Civil Service Regulation Acts, 1956 to 1996 |
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1963, No. 33 |
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1993, No. 8 |
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1981, No. 11 |
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1954, No. 18 |
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1971, No. 27 |
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1977, No. 16 |
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1997, No. 2 |
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1987, No. 10 |
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1970, No. 1 |
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1946, No. 26 |
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1969, No. 14 |
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1990, No. 19 |
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1937, No. 38 |
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Interpretation Acts, 1937 to 1997 |
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1993, No. 29 |
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1941, No. 23 |
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1994, No. 34 |
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1947, No. 46 |
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1979, No. 37 |
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1990, No. 25 |
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Petty Sessions (Ireland) Act, 1851 |
14 & 15 Vict., c. 9 |
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1984, No. 21 |
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1967, No. 21 |
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1954, No. 36 |
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1941, No. 22 |
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1971, No. 14 |
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Unfair Dismissals Acts, 1977 to 1993 |
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Number 21 of 1998
EMPLOYMENT EQUALITY ACT 1998
REVISED
Updated to 9 August 2023
AN ACT TO MAKE FURTHER PROVISION FOR THE PROMOTION OF EQUALITY BETWEEN EMPLOYED PERSONS; TO MAKE FURTHER PROVISION WITH RESPECT TO DISCRIMINATION IN, AND IN CONNECTION WITH, EMPLOYMENT, VOCATIONAL TRAINING AND MEMBERSHIP OF CERTAIN BODIES; TO MAKE FURTHER PROVISION IN CONNECTION WITH COUNCIL DIRECTIVE NO. 75/117/EEC ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO THE APPLICATION OF THE PRINCIPLE OF EQUAL PAY FOR MEN AND WOMEN AND COUNCIL DIRECTIVE NO. 76/207/EEC ON THE IMPLEMENTATION OF THE PRINCIPLE OF EQUAL TREATMENT FOR MEN AND WOMEN AS REGARDS ACCESS TO EMPLOYMENT, VOCATIONAL TRAINING AND PROMOTION, AND WORKING CONDITIONS; TO MAKE FURTHER PROVISION WITH RESPECT TO HARASSMENT IN EMPLOYMENT AND IN THE WORKPLACE; TO CHANGE THE NAME AND CONSTITUTION OF THE EMPLOYMENT EQUALITY AGENCY AND PROVIDE FOR THE ADMINISTRATION BY THAT BODY OF VARIOUS MATTERS PERTAINING TO THIS ACT; TO ESTABLISH PROCEDURES FOR THE INVESTIGATION AND REMEDYING OF VARIOUS MATTERS ARISING UNDER THIS ACT; TO REPEAL THE ANTI-DISCRIMINATION (PAY) ACT, 1974, AND THE EMPLOYMENT EQUALITY ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS. [18th June, 1998]
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 change of name of Department and title of Minister to Department of and Minister for Children, Equality, Disability, Integration and Youth made (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), in effect as per art. 1(2).
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
...
Employment Equality Acts 1998 to 2015, other than section 27(2) and section 37(4) (inserted by Part 2 of the Equality Act 2004 (No. 24 of 2004)) of the Employment Equality Act 1998 (No. 21 of 1998)
...
C2
Mediation services under collectively cited Employment Equality Acts 1998 to 2011 excluded from application of Freedom of Information Act 2014 by Freedom of Information Act 2014 (30/2014), s. 6(2) and sch. 1 part 1 para. (k); as substituted (1.10.2015) by National Minimum Wage (Low Pay Commission) Act 2015 (22/2015), s. 19(1), commenced by S.I. No. 410 of 2015 as per subs. (2).
Public bodies
6. — ...
(2) (a) An entity specified in Part 1 of Schedule 1 (“the parent entity”) shall, subject to the provisions of that Part, be a public body for the purposes of this Act.
...
SCHEDULE 1
Section 6
Part 1
Partially Included Agencies
Section 6 does not include a reference to—
...
[(k) the Workplace Relations Commission—
(i) insofar as it relates to records concerning the provision of mediation services under the Employment Equality Acts 1998 to 2011, the Equal Status Acts 2000 to 2012 or the Pensions Acts 1990 to 2014, where parties to the process are participating in a voluntary capacity to try to settle such disputes, or
(ii) insofar as it relates to records concerning—
(I) the referral of a complaint or dispute for resolution under section 39 of the Workplace Relations Act 2015,
(II) attempts made in accordance with that section to resolve any such complaint or dispute, or
(III) the resolution of any such complaint or dispute in accordance with that section.]
C3
Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of —
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
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Part 2
1922 to 2011 Enactments
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 21 of 1998 |
Employment Equality Act 1998 |
Sections 42(1) and (2), 44(2) and (4), 46(2), 48(3) and (4), 51, 55(1), 59(4) and 75(1), (2) and (4A) |
|
... |
... |
... |
C4
Application of Act restricted (3.07.2010) by Merchant Shipping Act 2010 (14/2010), s. 87(10), commenced on enactment.
Maritime Labour Convention 2006.
87.—...
(10) In relation to discrimination on the age or disability ground nothing in the Employment Equality Act 1998 renders unlawful any act done in compliance with this section or any regulation made under this section.
C5
Power to make regulations for purposes of Act provided (25.10.2000) by Equal Status Act 2000 (8/2000), s. 41(2), S.I. No. 351 of 2000.
Regulations.
41.— ...
(2) The Minister may by regulations specify, in cases where provision is not otherwise made in that behalf by regulations under this Act or the Employment Equality Act, 1998 —
(a) procedures to be followed by the Director or, as the case may be, the Labour Court, in carrying out functions under this Act or the Employment Equality Act, 1998, and
(b) time limits applicable to the carrying out of such functions, including procedures for extending those limits in certain circumstances.
...
C6
Application of Act restricted in certain circumstances by Pensions Act 1990 (25/1990), s. 81H(7) as inserted (5.04.2004) by Social Welfare (Miscellaneous Provisions) Act 2004 (9/2004), s. 22, S.I. No. 141 of 2004.
Redress which may be ordered.
81H.— ...
(7) Where an act constitutes victimisation both under this Part and the Employment Equality Act 1998 or the Equal Status Act 2000, redress may be provided under only one of them.
Editorial Notes:
E1
Act included in definitions of “employment enactment” and “relevant enactment” (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 15, S.I. No. 338 of 2015, with the following effects:
• Authorised officers or inspectors under employment enactments deemed to be appointed under Workplace Relations Act 2015 (16/2015), s. 26(2) and subject to termination under s. 26(4).
• Powers of inspectors for purposes of 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 concerning the commission of offence under relevant enactment provided by Workplace Relations 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.
• Functions of EAT to hear claims under employment enactments transferred to Workplace Relations Commission and references to EAT construed by Workplace Relations Act 2015 (16/2015) s. 66(1), (2), not commenced as of date of revision.
E2
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 collectively cited Employment Equality Acts 1998 to 2011 (1.11.2014) by Irish Human Rights and Equality Commission Act 2014 (25/2014), s. 30(1)(b)(i), S.I. No. 449 of 2014.
E3
Claims under Act excluded from delegation (15.04.2014) by National Treasury Management Agency (Delegation of Claims Management Functions) Order 2014 (S.I. No. 182 of 2014), art. 4(c).
E4
Approved code of practice for purposes of Act declared (31.05.2012) by Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 (S.I. No. 208 of 2012), art. 2 and sch.
E5
Previous affecting provision: functions transferred and “Minister for Justice and Equality” and “Department of Justice and Equality” construed (1.01.2013) by Equality Tribunal (Transfer of Departmental Administration and Ministerial Functions) Order 2012 (S.I. No. 531 of 2012), arts. 2, 3(1)(a), 3(2), commenced as per art. 1(2); superseded as per C-note above.
E6
Previous affecting provisions: certain functions in relation to Act transferred from Department of Community, Equality and Gaeltacht Affairs to Department of Justice and Law Reform and term “Minister for Community, Equality and Gaeltacht Affairs” construed (1.04.2011) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 139 of 2011), arts. 2 and 3, subject to transitional provisions; superseded as per E-note above.
E7
Previous affecting provision: approved code of practice for purposes of Act declared (8.03.2002) by Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2012 (S.I. No. 78 of 2002), art. 2 and sch.; revoked (31.05.2012) by Employment Equality Act 1998 (Code of Practice) (Harassment) Order 2002 (S.I. No. 208 of 2012), art. 3.
E8
Previous affecting provision: certain functions in relation to Act transferred from Department of Justice, Equality and Law Reform to Department of Community, Equality and Gaeltacht Affairs (1.06.2010) by Equality, Integration, Disability and Human Rights (Transfer of Departmental Administration and Ministerial Functions) Order 2010 (S.I. No. 217 of 2010); re-transferred as per C-note above.