Concern at Garda exemption from bias law

The Equality Authority has voiced concern that the Garda has been found to be exempt from the Equal Status Act 2000.

The Act, which outlaws discrimination on nine grounds ranging from gender through marital status, race, sexual orientation or membership of the Travelling community, was recently ruled inadmissible in a case taken by a member of the Travelling community against the Garda.

According to the Equality Authority a Garda prosecution was taken against a Traveller in a case involving wandering horses on a public road.

The Traveller admitted he was guilty of an offence, but claimed he was discriminated against in that other horse-owners who were present, but who were not Travellers, were not prosecuted.

While the Equality Authority independently promotes awareness of equality issues, the cases themselves are decided by equality officers, appointed by government.

In the Traveller's case the equality officer found that certain aspects of the service provided by Gardai might not be covered by the Act. These included the investigation and prosecution of a crime which, according to the authority, the equality officer found were "not services which are available to the public within the meaning defined by the Equal Status Act (2000)."

Commenting on the case the chief executive of the authority, Mr Niall Crowley, called on the Garda to build on its demonstrable commitment to equality and human rights with "an explicit clarification that the Equal Status Act and its provisions cover the Garda in all aspects of its work".

He said the case raised matters that required an urgent response "lest we run the risk of moving towards difficulties which have been the experience in other jurisdictions". He particularly instanced the Stephen Lawrence inquiry in the UK which led to changes in the Race Relations Act.

The Equality Authority replaced the Employment Equality Agency. It has a website at www.equality.ie