THE President, Mrs Robinson, will decide by tomorrow whether or not to refer the Equal Status Bill to the Supreme Court for a test of its constitutionality.
All but four members of the 22-strong Council of State gathered at Aras an Uachtarain yesterday to consult the President on how to proceed with the legislation. The former Taoiseach, Mr Charles Haughey and Mr Albert Reynolds, were unable to attend the meeting which lasted an hour and a quarter.
It was the second time in a month that the President had exercised her powers to summon the Council of State for advice in respect of legislation.
The Bill proposes to outlaw discrimination outside the field of employment and forbids it on a range of grounds including gender, race, sexual orientation, religion, colour, marital status and membership of the travelling community. People should not be denied access to services on any of these grounds.
Article 26 (1) (i) of the Constitution allows the President, after consulting with the Council, to refer legislation to the Supreme Court for a decision on the question as to whether "such Bill is or any specified provision or provisions of such Bill" is or are repugnant to the Constitution.
In April, the President referred the Employment Equality Bill to the Supreme Court. This legislation is designed to outlaw discrimination in employment on grounds similar to those outlined in the Equal Status Bill. It applies to public and private sector employment.