ANALYSIS:There is only one credible explanation for the budgetary cuts that led to the resignation of the head of the Equality Authority: its valuable work was irritating the Government, writes Carol Coulter
TWO DAYS ago, chief executive of the Equality Authority Niall Crowley, chairwoman of its board Angela Kerins and another board member went to Minister for Justice Dermot Ahern with what they regarded as a modest proposal. It aimed to preserve the core activities of the authority in the light of a proposed cut of 43 per cent to its funding.
The proposal involved retaining as many as possible of its existing staff in what is a complex and technical area of law, where a high level of expertise has been developed over the 10 years of the authority's existence. It also wanted to receive funding to meet current contractual and other obligations.
The key to retaining at least a minimal staff was delaying the rest of the decentralisation to Roscrea. None of the remaining staff in Dublin are in a position to move to Roscrea, so if decentralisation was proceeded with (though the department acknowledges it has no permanent accommodation for the authority), these staff would be lost, to be replaced by others in the public service with quite different expertise.
The Minister has said that the office in Dublin is too expensive, though it will continue to be used by the Government when the Equality Authority leaves. However, Dublin is awash with empty office space, at prices not seen for more than 20 years. A modest office could be found for the remaining staff at relatively little cost.
The authority delegation also sought funding for existing contractual obligations, including case-work, and the prioritising of initiatives that could avail of European Union funding in supporting good practice by employers and service providers.
The total cost of a small premises and expenditure on projects that would attract up to €800,000 in EU funding would have been just €700,000.
These proposals were rejected by the Minister. In response to criticism in the Dáil of the disproportionate cuts to the budgets of the Equality Authority of 43 per cent and the Human Rights Commission of 25 per cent, Ahern has said his department's budgetary priority has been fighting crime. It is hard to see how €700,000, out of a total budget of €459.5 million, will greatly enhance the fight against crime.
It can hardly be said that the Equality Authority has not been fulfilling its mandate, or has been wasting public money on foreign travel and junkets with ministers.
Under the Employment Equality Act and the Equal Status Act, it was charged with assisting people who claimed they were discriminated against in employment or the provision of goods and services, and with promoting a culture of compliance with the legislation. It pursued this through strategic litigation in supporting cases that had a ripple effect and established precedents, while also setting up frameworks to assist employers and service providers in complying with the legislation.
It also conducted or commissioned research.
The cases taken illustrated ongoing discrimination against women (especially when pregnant), people with a disability, people perceived as too old for certain jobs or services (or too young), Travellers, and, in recent years, immigrants.
One piece of research, conducted by the CSO in 2004, found that 12.5 per cent of people had experienced discrimination over the previous two years, but only 6 per cent of them took any formal action. This strongly suggests that the work of the Equality Authority is far from over.
A 2002 report from the Equality Authority was the first to propose access to civil marriage for gay and lesbian people, and provided the initial stimulus for the current legislation on civil partnership.
Research carried out in 2007, based on a survey of large and medium-sized private sector companies, which was unique at European level, found that those with a diverse work force had significantly increased levels of productivity, innovation and staff retention, all making a strong business case for diversity and compliance with the equality legislation. These publications have been in high demand, and have stimulated enterprises to seek the authority's assistance in pursuing best practice.
The authority has also been involved with the Health Service Executive and local authorities in helping them ensure that their services are open and accessible to everyone.
So what has it done wrong? Niall Crowley suggested in his resignation letter it has been its temerity. It has taken cases against State bodies, which made up more than half those taken under the Equal Status Acts in the past three years, and over 40 per cent under the Employment Equality Acts, with high-profile successes scored and practices forced to change as a result.
Nothing said by the Minister or Fianna Fáil deputies throughout this controversy has offered a credible alternative explanation.
Carol Coulter is Legal Affairs Editor