The Equality Authority is investigating a complaint that the Minister for Health, Mr Martin, has breached the Equality Act by asking athletes from SARS-infected countries not to attend the Special Olympics next month.
The authority confirmed yesterday it has written to the Department of Health asking for the documentation and advice on which the Minister reached his decision to ask five countries not to send their teams.
The possibility that the Minister may be in breach of the Equal Status Act 2000, one of the two main pieces of legislation the authority has recourse to, will form the focus of the investigation.
The Act outlaws discrimination on the basis of disability. According to a spokesperson for the authority, it will look at whether the decision by the Government falls within the ambit of the Act.
The authority confirmed it has received a number of queries from parents of children with disabilities on whether there has been a breach of the law. One of those who called for an inquiry is Louth councillor, Mr Michael O'Dowd (FG). He asked the authority to examine the decision because he believed it to be "discriminatory in intent and effect".
"The authority has certain areas it can specifically look at but it also has a general role in working towards the elimination of discriminatory conduct," he said. "I believe that the Government has acted wrongly and that is why I have asked the authority to refer a case on it to the Director of Equality Investigations."
The Department of Health last night denied its stance was discriminatory. "That is not the way we would see it. This is purely a public health issue, we are doing it strictly on medical grounds," a spokesman said.