RED Network

The two semi-state organisations that receive, handle, and investigate complaints of discrimination on the nine grounds defined in anti-discrimination legislation are the Equality Authority and the Equality Tribunal.  The Equality Authority advocates for a more equal society by providing information and support to those experiencing discrimination and by working to promote equal opportunities systemically.  The Equality Tribunal actually arbitrates complaints of discrimination.

Qualitative Info

About The Equality Authority (from their website - http://www.equality.ie)

"The Equality Authority is an independent body set up under the Employment Equality Act 1998.  It was established on 18th October 1999.  The Equality Authority replaced the Employment Equality Agency, and has a greatly expanded role and functions.  The Employment Equality Act, 1998 and the Equal Status Act, 2000 outlaw discrimination in employment, vocational training, advertising, collective agreements, the provision of goods and services and other opportunities to which the public generally have access on nine distinct grounds.

 

These are:

* gender;

* civil status;

* family status;

* age;

* disability;

* race;

* sexual orientation;

* religious belief; and

* membership of the Traveller Community."

 

Mission Statement: "The Equality Authority seeks to achieve positive change in the situation and experience of those groups and individuals experiencing inequality by stimulating and supporting a commitment to equality:

 

* Within the systems and practices of key organisations and institutions.

* As part of the cultural values espoused by society.

* As a dimension to individual attitudes and actions."

 

About The Equality Tribunal:  (from their website - http://www.equalitytribunal.ie/)

"The Equality Tribunal is the impartial forum to hear or mediate complaints of alleged discrimination under equality legislation.  It is independent and quasi-judicial and its decisions and mediated settlements are legally binding.  The equality legislation prohibits discrimination on 9 grounds - gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. 

 

"Please note:  The relevant legislation is the Employment Equality Acts 1998 to 2011, Equal Status Acts 2000 to 2011 and the Pensions Acts 1990 to 2009.

 

"Our Mission [is to] contribute to a fairer society through providing a fair, accessible and impartial forum to remedy unlawful discrimination."

 

"Our Mandate: The Employment Equality Act 1998, which established the Equality Tribunal, provides a statutory framework whereby we mediate and/or investigate claims of unlawful discrimination in accordance with the provisions of the Act.  Various legislative changes have occurred since our establishment and we now have a unique responsibility for mediating and investigating complaints of unlawful discrimination under the following legislation:

 

* Employment Equality Acts 1998 - 2011

* Equal Status Acts 2000 -2011

* Pensions Acts 1990-2009.

 

"Our jurisdiction is wide ranging and includes complaints in relation to employment, occupational benefits e.g. pensions, and equal status, i.e. access to goods and provision of services, with two exceptions:

 

* Claims in relation to registered clubs and licensed premises are dealt with by the District Court under the Intoxicating Liquor Act 2003;

 

* Complainants in relation to employment discrimination on the gender ground have an option of seeking redress for unlawful discrimination from the Circuit Court.

 

Our core work focuses on impartial resolution of discrimination disputes on the following grounds:

·   gender

·   civil status

·   family status

·   sexual orientation

·   religion

·   age

·   disability

·   race (including colour, nationality or national or ethnic origin)

·   membership of the Traveller community

 

and in the following areas

·        all aspects of employment including recruitment and retirement benefits

·        access to accommodation and disposal of property

·        access to goods

·        provision of services, and certain aspects of education"

External Url http://www.equalitytribunal.ie/About-Us/Frequently-Asked-Questions/

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There is no longer a national mechanism in place to collect data on racial discrimination since the National Consultative Committee on Racism and Interculturalism closed in December 2008. This data is collected solely by NGOs and the police force. The Central Statistics Office does however publish statistics on discrimination in its Quarterly National Household Survey on Equality.

Qualitative Info

Central Statistics Office's Quarterly Household Servey on Equality: http://www.cso.ie/en/media/csoie/releasespublications/documents/labourmarket/2010/qnhs_equalityq42010.pdf . The Immigrant Council of Ireland published Garda data (collated by the CSO) on numbers of yearly recorded racially motivated attackes in Dublin in its 2011 publication 'Taking Racism Seriously.'

External Url www.cso.ie

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Working within an EU framework the legislation does allow for the possibility of special/positive action in so far as in EU law positive action is lawful whereas positive discrimination is not. There is also what is referred to as reasonable accommodation which primarily relates to people with disabilities and is compulsory in EU law. Irish law specifically allows for positive action in relation to gender, disability, membership of the Traveller community and for older workers over 50

Qualitative Info

“Positive Action in Politics – Lessons and Challenges from Employment Equality Law” Marion Jennings DIT;  “For positive action measures to be upheld by the ECJ they must be necessary to achieve a legitimate aim, proportionate to the aim they are pursuing and be objectively justified.”

For information on Irelands Reasonable Accommodation policy see the National Disabilities Authority (NDA), http://www.nda.ie

Guidelines for Employment Equality Policies in Enterprises: http://www.workahead.ie/downloads/Guideline_for_Employment_Equality_Policies_in_Enterprises.pdf

External Url www.politicalreform.ie, www.dit.ie

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Though the possibility of positive action is provided for in Irish legislation, the only widespread program being implemented concerns members of the travelling community under the Housing (Traveller Accommodation) Act 1998. The removal of the Irish language requirement for entering the police force can also be considered positive action.

Qualitative Info

The Housing (Traveller Accommodation) Act 1998: Each major housing authority must adopt a 5 year program to provide Traveller accommodation in their area. The act also allows these authorities to provide loans to members of the travelling community.

External Url http://www.irishstatutebook.ie/1998/en/act/pub/0033/index.html

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The Equality Authority, a public body, provides legal support for victims of discrimination on a strategic enforcement basis.  Victims can access information and legal support from the Equality Authority.  They can access redress mechanisms through the Equality Tribunal, a quasi-judicial public body.

Qualitative Info

About The Equality Authority (from their website - http://www.equality.ie)

"The Equality Authority is an independent body set up under the Employment Equality Act 1998.  It was established on 18th October 1999.  The Equality Authority replaced the Employment Equality Agency, and has a greatly expanded role and functions.  The Employment Equality Act, 1998 and the Equal Status Act, 2000 outlaw discrimination in employment, vocational training, advertising, collective agreements, the provision of goods and services and other opportunities to which the public generally have access on nine distinct grounds.

 

These are:

* gender;

* civil status;

* family status;

* age;

* disability;

* race;

* sexual orientation;

* religious belief; and

* membership of the Traveller Community."

 

Mission Statement: "The Equality Authority seeks to achieve positive change in the situation and experience of those groups and individuals experiencing inequality by stimulating and supporting a commitment to equality:

 

* Within the systems and practices of key organisations and institutions.

* As part of the cultural values espoused by society.

* As a dimension to individual attitudes and actions."

 

About The Equality Tribunal:  (from their website - http://www.equalitytribunal.ie/)

"The Equality Tribunal is the impartial forum to hear or mediate complaints of alleged discrimination under equality legislation.  It is independent and quasi-judicial and its decisions and mediated settlements are legally binding.  The equality legislation prohibits discrimination on 9 grounds - gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community. 

 

"Please note:  The relevant legislation is the Employment Equality Acts 1998 to 2011, Equal Status Acts 2000 to 2011 and the Pensions Acts 1990 to 2009.

 

"Our Mission [is to] contribute to a fairer society through providing a fair, accessible and impartial forum to remedy unlawful discrimination."

 

"Our Mandate: The Employment Equality Act 1998, which established the Equality Tribunal, provides a statutory framework whereby we mediate and/or investigate claims of unlawful discrimination in accordance with the provisions of the Act.  Various legislative changes have occurred since our establishment and we now have a unique responsibility for mediating and investigating complaints of unlawful discrimination under the following legislation:

 

* Employment Equality Acts 1998 - 2011

* Equal Status Acts 2000 -2011

* Pensions Acts 1990-2009.

 

"Our jurisdiction is wide ranging and includes complaints in relation to employment, occupational benefits e.g. pensions, and equal status, i.e. access to goods and provision of services, with two exceptions:

 

* Claims in relation to registered clubs and licensed premises are dealt with by the District Court under the Intoxicating Liquor Act 2003;

 

* Complainants in relation to employment discrimination on the gender ground have an option of seeking redress for unlawful discrimination from the Circuit Court.

 

Our core work focuses on impartial resolution of discrimination disputes on the following grounds:

·   gender

·   civil status

·   family status

·   sexual orientation

·   religion

·   age

·   disability

·   race (including colour, nationality or national or ethnic origin)

·   membership of the Traveller community

 

and in the following areas

·        all aspects of employment including recruitment and retirement benefits

·        access to accommodation and disposal of property

·        access to goods

·        provision of services, and certain aspects of education"

External Url http://www.equalitytribunal.ie/About-Us/Frequently-Asked-Questions/

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Though the onus of proof lies with the plaintiff in constitutional actions, there is provision for the shifting of the burden of proof in discrimination cases. In 1997 a council directive on the burden of proof in sex discrimination cases was issued.. There has been some precedence’s applying this to other discrimination cases since. A report by EUMC found that to fully conform with EU directive on the subject amendments need to be made.

Qualitative Info

The European Monitoring Centre for Racism and Xenophobia commissioned a report on ‘Anti-discrimination Legislation in EU Member States.’ Irelands section can be read here http://www.pedz.uni-mannheim.de/daten/edz-b/ebr/02/ART13_Ireland-en.pdf

External Url http://www.pedz.uni-mannheim.de/daten/edz-b/ebr/02/ART13_Ireland-en.pdf

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Yes, in theory, through Independent law centres such as Immigrant Council of Ireland and the Irish Refugee Council though they can only engage in matters relating to immigration. The only independent law centre that deals directly with discrimination is the Irish Traveller Movement.

Qualitative Info

 http://www.itmtrav.ie/keyissues/legalunit The legal department of the Irish Traveller Movement

http://www.immigrantcouncil.ie/ Immigrant Council of Ireland

http://www.irishrefugeecouncil.ie/ Irish Refugee Council

External Url http://www.itmtrav.ie/

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Class action is not on the Irish Statute Book, in order to take a case there must be a single, named victim. Though the Law Reform Commission recommended the introduction of multi party litigation in 2005, it still remains the case that Ireland does not allow for class action suits.

Qualitative Info

The Law Reform Commissions report on multi party litigation can be read at http://www.lawreform.ie/2005/report-on-multi-party-litigation.228.html

External Url www.lawreform.ie

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A person guilty of an offence the Prohibition of Incitement of Hatred act 1989 shall be liable (a) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 6 months or to both, or (b) on conviction on indictment, to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 2 years or to both

Qualitative Info

The full act can be read at http://www.irishstatutebook.ie/1989/en/act/pub/0019/print.html#sec6

External Url www.irishstatutebook.ie

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Indeed, several; the Equality Authority takes only test cases, migrants may choose not to participate in a case if it can jeopardise an application (residency, social housing, etc.) Additionally “Civil legal aid is seriously underfunded, operates an impossibly low means test threshold, confines itself almost exclusively to family law cases and is legally barred from taking test cases.” (Mel Cousins 2011)

Qualitative Info

http://www.equality.ie

Using Law and Litigation in the Public Interest Michael Farrell, Solicitor, FLAC: http://www.flac.ie/download/pdf/mfarrell_flac_061005.pdf

External Url http://www.flac.ie/download/pdf/mfarrell_flac_061005.pdf

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There has been a comprehensive evaluation of the effectiveness of the national implementation of EU anti-discrimination directives conducted by the European Monitoring Centre on Racism and Xenophobia in 2002.

 

Qualitative Info

The report was compiled by Dave Ellis under the guidance of the Migration Policy Group, Irelands section can be read here http://www.pedz.uni-mannheim.de/daten/edz-b/ebr/02/ART13_Ireland-en.pdf

External Url http://www.pedz.uni-mannheim.de/daten/edz-b/ebr/02/ART13_Ireland-en.pdf

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There are no official legal restrictions or effective practices of exclusion for immigrants joining trade unions

Qualitative Info

In 2010, the Irish Congress of Trade Unions (ICTU) published a strategy called; ‘Towards a Strategy for the Inclusion of Migrant Workers in Trade Unions.’ It can be read in full herehttp://www.ictu.ie/download/pdf/ictu_migrant_workers_a5.pdf

External Url http://www.ictu.ie/download/pdf/ictu_migrant_workers_a5.pdf

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Certain Irish language requirements in the civil service (e.g. Primary school teaching, librarian positions) serves as a barrier for non-nationals seeking employment. The Irish language restrictions for lawyers, secondary school teachers, and the gardai have been removed.

Qualitative Info

“Proficiency in Irish: Within the public sector, there are a number of areas where competence in Irish is required such as for Primary school teaching, and librarian positions. Until recently Irish was also a requirement for An Garda Síochána, although this was amended to facilitate greater diversity. While Irish is now a requirement for a very limited range of jobs in the public service, the misperception amongst some immigrants, and indeed amongst Irish that it is a requirement for a broad range of roles represents a barrier.”

-‘Issues and Challenges in the Recruitment and Selection of Immigrant Workers in Ireland’ Prepared for the Employers’ Diversity Network of the Public Appointments Service

External Url www.integration.ie

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There are no official legal restrictions or effective practices of exclusion for immigrants joining trade unions

Qualitative Info

In 2010, the Irish Congress of Trade Unions (ICTU) published a strategy called; ‘Towards a Strategy for the Inclusion of Migrant Workers in Trade Unions.’ It can be read in full here

 

External Url http://www.ictu.ie/download/pdf/ictu_migrant_workers_a5.pdf

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There is no provision in Irish law for the legalisation of undocumented immigrants in order to ensure their right to work and access to social protection and care. However, there is anecdotal evidence that administrative and statutory procedures exist that allow undocumented migrants to apply to regularise their situation. –(ICI)

Qualitative Info

The Immigrant Council of Ireland (ICI) has called for the Irish Government “to consider the creative and compassionate regularisation programmes adopted by Governments in many other countries including Greece, Spain, Portugal, Belgium and the USA.”

 

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There are examples of good practices and positive initiatives against work place discrimination. In 2010, the Irish Congress of Trade Unions (ICTU) published a strategy called; ‘Towards a Strategy for the Inclusion of Migrant Workers in Trade Unions,’ a section of this document is dedicated to describing examples of good practice in dealing with difficulties experienced by migrants. 

 

 

Qualitative Info

Irish Congress of Trade Unions (ICTU)- ‘Towards a Strategy for the Inclusion of Migrant Workers in Trade Unions,’

External Url http://www.ictu.ie/download/pdf/ictu_migrant_workers_a5.pdf

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The Travelling community in Ireland is the primary ethnic group to which enrolment and attainment is a concern. “STEP found that the average attendance rate by Traveller children is approximately 80 per cent” (the national average being around 100%). The policy of overcrowded schools preferring applicants with a family history at the school also disproportionately affects Travellers.

Qualitative Info

“the STEP survey suggest that more than 60 per cent of Traveller pupils are below the 20th percentile in English reading and in mathematics, while 2 per cent are in the top (80-100) quintile”

“Difficulties are still being encountered by some Traveller parents in enrolling their children in certain primary schools, despite the fact that section (2) of the Education Act (1998) requires that “the school plan shall state the objectives of the school relating to equality of access to, and participation in, the school and the measures which the school proposes to take to achieve those objectives...””

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Source:

• Department of Education and Skills, 2005, ‘Report and Recommendations for aTraveller Education Strategy’, http://www.education.ie/en/Publications/Policy-Reports/traveller_ed_strat.pdf, Accessed on 23.2.2013.

External Url http://www.education.ie/en/Publications/Policy-Reports/traveller_ed_strat.pdf

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A report by the economic and social research institute; ‘Adapting to Diversity: Irish Schools and Newcomer Students,’ found no significant obstacles or differential enrollment rates for migrants in Ireland.

Qualitative Info

Adapting to Diversity: Irish Schools and Newcomer Students:

·         “80% of schools take all students who apply for enrolment. For the 20% which do not, it is because they are over-subscribed and must employ selection procedures, such as requiring an older sibling to be/ have been a student in the school. Such procedures can discriminate against all those who are new to an area, regardless of nationality.”

·        “all children resident in Ireland have a right to free education, regardless of their immigration status”

External Url http://www.esri.ie/UserFiles/publications/20090529124035/RS008.pdf

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The Travelling community in Ireland is the primary ethnic group to which enrolment and attainment is a concern. “The STEP survey suggest that more than 60 per cent of Traveller pupils are below the 20th percentile in English reading and in mathematics, while 2 per cent are in the top (80-100) quintile”

Qualitative Info

‘Report and Recommendations for Traveller Education Strategy’ (2005) http://www.education.ie/servlet/blobservlet/des_recom_traveller_educ_strategy.pdf

External Url http://www.education.ie/servlet/blobservlet/des_recom_traveller_educ_strategy.pdf

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The Irish Travelling community experiences the most difficulty in accessing education in Ireland due to a nomadic lifestyle and a history of state discrimination.

“By the age of sixteen most young Travellers have left mainstream post-primary education, with only a small minority progressing to the senior cycle.”

Qualitative Info

“In 2004/05 approximately 1,850 Traveller pupils were enrolled in post-primary schools. Most Traveller pupils remain in post-primary schools for one to three years, and the majority of these are participating in the junior cycle. By the age of sixteen most young Travellers have left mainstream post-primary education, with only a small minority progressing to the senior cycle.”

-‘Report and Recommendations for Traveller Education Strategy’ (2005)

External Url http://www.education.ie/servlet/blobservlet/des_recom_traveller_educ_strategy.pdf

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Some examples of positive initiatives regarding education, immigrants and minorities are: The National Action Plan against Poverty and Social Exclusion, 2001-2003 and 2003-2005, which sets the principal education targets for Traveller education, and the ‘Intercultural Education Strategy, 2010- 2015.’

Qualitative Info

‘Intercultural Education Strategy, 2010- 2015’ Aims:

·        “respect the diversity of values, beliefs, languages and traditions in Irish society and is conducted in a spirit of partnership” (Education Act, 1998).

·        Ensure all education providers are assisted with ensuring that inclusion and integration within an intercultural learning environment become the norm.

External Url http://www.education.ie/servlet/blobservlet/des_recom_traveller_educ_strategy.pdf http://www.education.ie/servlet/blobservlet/mig_intercultural_education_strategy.pdf

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According to the Anti-bulling Centre at Trinity College Dublin, 31% of Primary Students and 16% of Secondary Students have been bullied at some time in Ireland.

Qualitative Info

“The Nationwide Study of Bullying in Irish first and second level schools conducted by Dr Mona O'Moore in Trinity College Dublin indicates that some 31% of Primary Students and 16% of Secondary Students have been bullied at some time. From our circa 870,000 school going population, approximately 23% or 200,000 children are at risk of suffering the ill effects of bullying”

-Anti-bullying Centre, TCD

 

“Traveller children are constantly aware that their identity may pose a problem for them in school, whether in their relations with teachers or among their settled peers. Lack of validation of identity often reinforces Traveller children’s inclination to hide their identity in order to fit in and also to avoid discrimination, bullying, or harassment.”

-‘Report and Recommendations for Traveller Education Strategy’ (2005)

External Url http://abc.tcd.ie/school.html http://www.education.ie/servlet/blobservlet/des_recom_traveller_educ_strategy.pdf

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In a survey assessing schools integration policies, The Economic and Social Research Institute fond that in Ireland:

 “More than half of schools mentioned language support teachers, resource teachers, learning support teachers or subject teachers.”

-Adapting to Diversity: Irish Schools and Newcomer Students (2009)

 

Qualitative Info

“Current language support practices vary widely and do not always reflect international best practice. The need to provide the necessary language skills for children whose mother tongue is neither Irish nor English and the question of appropriate mother tongue support for the children of newcomers have been highlighted as issues by the National Council of Curriculum and Assessment (see Little, 2003) and by the report by Council of Europe and DES (2007). International research has indicated the importance of mother tongue”

- The Economic and Social Research Institute

External Url http://www.esri.ie/UserFiles/publications/20090529124035/RS008.pdf

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The Irish government has put forth a strategy entitled, ‘Intercultural Education Strategy 2010-2015,’ which outline a clear commitment to ensure that; “all students experience an education that “respects the diversity of values, beliefs, languages and traditions in Irish society and is conducted in a spirit of partnership” (Education Act, 1998).” However there is no specific mention of modifying of curricula.

Qualitative Info

 

The strategy aims to achieve its goals through the following actions:

·        “Proactive leadership; leaders must believe that “integration is a dynamic two way process of mutual accommodation by all immigrants and residents of Member States”, including Ireland. This is one of the eleven EU Common Basic Principles for Integration (EU Council, 2004). (See Appendix 4 for a full list of the EU Principles).”

·        “Awareness raising and recognition of the importance of diversity through training of teachers/ lecturers and the provision of information on the Irish education system to immigrants.”

·        “Research to establish what progress is being made towards ensuring that all students, including immigrants, are achieving to their full potential.”

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Source:

• Department of Education and Skills, ,Intercultural Education Strategy 2010-2015, http://www.education.ie/en/Press-Events/Conferences/Intercultural-Education-Strategy/migrants_implementation_conf_submissions_elsta.pdf, Accessed on 23.2.2013.

External Url www.education.ie/en/Press-Events/Conferences/Intercultural-Education-Strategy/migrants_implementation_conf_submissions_elsta.pdf

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Ireland does have initiatives and intercultural coexistence plans designed to solve problems of discrimination racism or xenophobia in education. Two examples of this are The Office of the Minister for Children has published ‘Diversity and Equality Guidelines for Childcare Providers’ (2006), and The Economic and Social Research Institute published ‘Adapting to Diversity: Irish Schools and Newcomer Students’ (2009)

Qualitative Info

“A number of European documents have considered how education systems attempt to integrate immigrant or newcomer students. These have included Integrating Immigrant Children into Schools in Europe (2004). In July 2008 a Green Paper, Migration and Mobility: challenges and opportunities for EU education systems, was adopted which the Commission hopes will open the debate on how education policies may better address the challenges posed by immigration and internal EU mobility flows. Such documents tend to view school-based measures for immigrant children as part of a wider EU objective, led by the Lisbon Summit, to become a knowledge-based economy and society by 2010. That is, the integration of immigrants in accordance with law is now an important constituent of European Union policy and the education system has been identified as an arena in which integration can occur. While the European Union is gradually adopting a fully consistent policy for asylum and immigration, Ireland and the United Kingdom may do so at their discretion in accordance with Article 3 of the Protocol to the Amsterdam Treaty.”

-‘Adapting to Diversity: Irish Schools and Newcomer Students’ (2009)

External Url http://www.esri.ie/UserFiles/publications/20090529124035/RS008.pdf http://www.dcya.gov.ie/documents/childcare/diversity_and_equality.pdf

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There is no specific (compulsory) training for teachers with regard diversity, though the Office of the Minister for Children has published ‘Diversity and Equality Guidelines for Childcare Providers’ (2006) which aims; “to support childcare practitioners, early childhood teachers, managers and policy makers in their exploration, understanding and development of diversity and equality practice.” Contacts for diversity training providers are included in the document.

Qualitative Info

The Guidelines aim to:

• Improve knowledge and understanding of diversity, equality and discrimination

issues.

• Challenge one’s own thinking, assisting critical reflection and the development

of new thinking.

• Further understanding as to why diversity and equality policies and practice

are important and relevant to childcare services.

• Generate ideas for discussion at team and network meetings.

• Develop ideas to tackle discriminatory or difficult issues that arise in

practice.

• Discover ways to assess and critically reflect on the childcare environment

and daily practice.

• Learn how to access information on racism, equality, diversity approaches in

childcare.

• Find out how to source and/or develop resources and activities.

• Gain new skills to support all levels of work on diversity and equality issues.

• Create policies and procedures on equality and diversity.

-‘Diversity and Equality Guidelines for Childcare Providers’ (2006)

External Url http://www.dcya.gov.ie/documents/childcare/diversity_and_equality.pdf

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To date there is no evidence to suggest that this is the case in Ireland.

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In general there has been no specific link, or significant suggestion of such a link, between certain minority groups and specific diseases. There has however been some suggestions that Ireland should screen prospective immigrants for Tuberculosis. To date this practice has not been instituted.

Qualitative Info

Source: Irish Medical News.

External Url http://www.imn.ie/news/4396-tb-screening-for-immigrants-proposed

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The significant barriers to migrants access to social protection are 1) legal status and 2) Satisfying the Habitual Residency Condition.

Qualitative Info

In general, a migrant must first satisfy the Irish Department of Social Protection that they are legally residing in the country with a valid, up to date immigration status.

Once the applicants right to reside has been established the following 5 factors are examined to find out if they are habitually resident in Ireland:

• Length and continuity of residence in Ireland
• Length and purpose of any absence from Ireland
• Nature and pattern of employment
• The applicants main centre of interest
• The applicants future intentions to live in Ireland as it appears from the evidence

(Source)

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Yes.

Qualitative Info

Research suggest that some migrants do face a risk of poverty in Ireland. In 2007, the European Centre for Social Welfare Policy and Research indicated that migrants faced a higher risk of poverty than the majority population: Source.

In addition the European Anti Poverty Network Ireland has also raise the issue of migrants facing discrimination and poverty. Source:

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The main positive initiative that exists in relation to diversity and health care is the HSE (Health Sevice Executive) Intercultural Health Strategy.

Qualitative Info

The 2007 - 2012 Intercultural Health Strategy of the Irish Health Service Executive was a significant piece of work to begin the progress the inclusion of service users from diverse backgrounds into the health system in Ireland. The document can be read here.

A serious issue for the future is the lack of resources available within the health system to progress this positive initiative.

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In general, non-Irish nationals may only vote in certain elections (local and/or EU) and are excluded from every national election and referendum.

Qualitative Info

• Irish citizens may vote at every election and referendum;
• British citizens may vote at Dáil elections, European elections and local elections;
• Other European Union (EU) citizens may vote at European and local elections
• Non-EU citizens may vote at local elections only.

Source: Right to Vote in Ireland.

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Evidence exists of naturalised Irish nationals who are from a migrant background being overlooked at election time by campaigners.

Qualitative Info

The Immigrant Council of Ireland launched a campaign in 2011 to highlight the situation of naturalised Irish nationals who are from a  migrant background being overlooked at the time of a national election by campaigners and candidates. The campaign, entitled 'Count Us In' highlighted that the main Irish political parties were at risk of loseing out on a significant number of votes if they did not recognise and address the needs of this demographic. In turn, migrants who had acquired Irish citizenship expressed severe disenfranchisement with the electoral system as they felt that their vote did not count. Further information is available here: http://www.immigrantcouncil.ie/integration/political-integration

Information on the 'Count Us In' campaign on the 'Cities of Migration' website: http://citiesofmigration.ca/good_idea/count-us-in/

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In some cases, persons from a migrant background are entitled to stand in local and national elections, depending on where they are a citizen of.

Qualitative Info

British nationals may stand for election in local, European and Dáil (parlimentary/national) elections. EU nationals are entitled to stand for election at local and European level. Persons resident in Ireland who are non-Irish or EU nationals may stand in local elections only.

External Url http://www.citizensinformation.ie/en/government_in_ireland/elections_and_referenda/local_elections/nomination_of_candidates_in_local_authority_elections.html

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In general, there are no rights for migrant groups to self-govern, save within the rules of independant organisations or religious groups - but over all this right is no different from the rights of Irish nationals within the same groupings.

Qualitative Info

Source:

The Constitution of Ireland: Right to Freedom of Association. Right to Freedom of Assembly.

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There are differing forums and oppertunities for consultation with public authorites depending on the context and particular issue involved.

Qualitative Info

Some examples of areas where formal consultation occours or has occoured between national or public agencies and migrants includes:

1) National Garda Consultation Day: http://www.garda.ie/Controller.aspx?Page=8804 

2) Health Service Executive National Intercultural Health Strategy: http://www.hse.ie/eng/services/Publications/services/SocialInclusion/HSE_National_Intercultural_Health_Strategy_.html

 

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No. In general consultation with migrant bodies is carried out in an informal or  semi-formal manner by some agencies but generally not on a basis enshrined in legislation.

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In some cases there are efforts being made to ensure that the instruments of public administration reflect the diversity of Irish society, but these initiatives are limited.

Qualitative Info

Individual initiatives can be identified that reflect a desire for the instruments of public administration to reflect the diversity of Irish society. Examples such as the Garda Diversity Strategy and Implementation Plan 2009 -2012 ( http://www.garda.ie/Documents/User/DiversityStrat.pdf ) show a desire to make agencies with a remit in the area of law enforcement more inclusive. Strategies such as this, where they exist, are however quite limited by serious restrictions on recruitment in these agencies due to the current economic situation in the Republic of Ireland.

Other examples such as the HSE (Health Service Execiutive) Intercultural Health Strategy provide general guidelines and resources for staff in publically administered hospitals to be aware of the cultural and religious backgrounds of their service users. http://www.hse.ie/eng/services/Publications/services/SocialInclusion/National_Intercultural_Health_Strategy_2007_-_2012.pdf

 

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No, there is no automatic right to citizenship for children born in Ireland.

Qualitative Info

The following table may help to explain the situation:

	If you are:	Then you are:
A	Born in the island of Ireland on or before 31 December 2004	Entitled to Irish citizenship or you are an Irish citizen
B	Born on the island of Ireland on or after 1 January 2005	Entitled to Irish citizenship if your parents are Irish. Entitled to Irish citizenship, if your parents are foreign nationals legally resident in the island of Ireland for 3 out of 4 years immediately prior to your birth.
C	Child of A, born outside the island of Ireland	An Irish citizen
D	Child of C and a grandchild of A, born outside the island of Ireland	Entitled to Irish citizenship, but you must first register in the Foreign Births Register
E	a child of D and a great-grandchild of A, born outside the island of Ireland	Entitled to Irish citizenship, by having your birth registered in the Foreign Births Register, but only if your parent D had registered by the time of your birth.

Source: http://www.citizensinformation.ie/en/moving_country/irish_citizenship/irish_citizenship_through_birth_or_descent.html

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The laws governing the acquisition of Irish citizenship are set out in primary legislation and supplemented with policy and administrative practices.

Qualitative Info

The Laws governing citizenship in Ireland are set out in the Irish Nationality and Citizenship Acts 1956 to 2004 (Irish Nationality and Citizenship Act 1956 (No. 26 of 1956) as amended by the Irish Nationality and Citizenship Act 1986 (No. 23 of 1986), the Irish Nationality and Citizenship Act 1994 (No. 9 of 1994) and the Irish Nationality and Citizenship Act 2001 (No. 15 of 2001) and the Irish Nationality and Citizenship Act 2004 (No. 38 of 2004).

Detailed information is available here: http://www.inis.gov.ie/en/INIS/Pages/WP11000022 and here: http://www.citizensinformation.ie/en/moving_country/irish_citizenship/becoming_an_irish_citizen_through_naturalisation.html

External Url http://www.inis.gov.ie/en/INIS/Pages/WP11000022

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The Office for the Promotion of Migrant Integration published a report entitled ‘Integration, a two way process’ which aims "To review the arrangements for integrating persons granted refugee status or permission to remain in Ireland, including the appropriate institutional structures for the delivery of these services and to make recommendations."

Qualitative Info

The report can be read in its entirety at:http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7WMK3Z1533318-en/$File/INTEGRATION%20-%20A%20Two%20Way%20Process.pdf

External Url http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7WMK3Z1533318-en/$File/INTEGRATION%20-%20A%20Two%20Way%20Process.pdf

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The Office for the Promotion of Migrant Integration adopted the following definition of integration for their report ‘Integration, a two way process:’ “Integration means the ability to participate to the extent that a person needs and wishes in all of the major components of society, without having to relinquish his or her own cultural identity”.

Qualitative Info

The report can be read in its entirety at: http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7WMK3Z1533318-en/$File/INTEGRATION%20-%20A%20Two%20Way%20Process.pdf

External Url http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7WMK3Z1533318-en/$File/INTEGRATION%20-%20A%20Two%20Way%20Process.pdf

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The Office for the Promotion of Migrant Integration published a report entitled ‘Integration, a two way process.’ This report focus’s primarily on refugees to Ireland.

Qualitative Info

The definition of refugees used is as follows:

"The Working Group's terms of reference refer to the following categories3 of persons :

Convention4 refugees

A Convention refugee is defined in Section 2 of the Refugee Act, 1996 as,

“a person who, owing to a well founded fear of being persecuted for reasons of race, religion, nationality,

membership of a particular social group or political opinion, is outside the country of his or her nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of his or her former habitual residence, is unable or, owing to such fear, is unwilling to return to it, ...”

 

External Url http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7WMK3Z1533318-en/$File/INTEGRATION%20-%20A%20Two%20Way%20Process.pdf

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There are formal policies and practices in ‘The National Action Plan Against Racism.’ Section 4 of the document outlines the predicted outcomes of the ‘action plan’ and serves as a good guide for the measure and policies to be implemented.

Qualitative Info

Section 4 of the ‘National Action Plan Against Racism’ index:

·        Ensure effective protection and redress against discrimination through

an enhanced equality policy framework.

·        Develop a new multi-facetted strategy to provide a more effective and

coordinated response to racist incidents.

·        Ensure effective protection against incitement to hatred.

·        Enhance the role of the Gardaí to provide protection against racism.

·        Develop effective monitoring and analysis of data on racist incidents.

·        Develop Anti Racism and Diversity Plans (ARD) at city and/or county

level.

·        Maximise participation in policy developments at European and global

levels to combat racism.

·        Maximise cooperation to combat racism within Ireland on a

north/south basis and between Ireland and Britain

External Url http://www.nccri.ie/pdf/ActionPlan.pdf

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Though benchmarking and targets are mentioned and defined in the introduction to the ‘National Action Plan Against Racism’ there are now formal benchmarks or targets put fourth in the document. As a result it is impossible to quantify the impact of the plan.

Qualitative Info

Definitions from the ‘National Action Plan Against Racism’:

• Targeting (T) of specific strategies to overcome the inequalities experienced by

specific groups informed by an evidence-based approach to policy making.

• Benchmarking (B) progress through targets and timescales and the development

of statistical strategies to provide the necessary data to measure such progress.

External Url http://www.nccri.ie/pdf/ActionPlan.pdf

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There is no specific national strategy for social and/or community cohesion in Ireland. However some measures in the ‘National Action Plane Against Poverty’ (2003-2005) serve this purpose.

Qualitative Info

Here are some examples of the policy aims of the ‘National Action Plan Against Poverty’ that relate to social cohesion outlined in chapter 1:

·        Policy task: ensure that the framework is kept up

to date and relevant in order to ensure a fair and

inclusive society with equal opportunity.  (Chapter 1.8.6)

·        Policy task: development of a more inclusive

Information Society in Ireland targeting in

particular the groups most at risk of exclusion;

women on home duties, retired people,

tradesmen/skilled workers, workers in agriculture,

forestry or fishing, and the unemployed. (chapter 1.9.1)

·        Policy task: continue to strengthen supports to

volunteering and to encourage the self-expression

and participation of people experiencing poverty

and social exclusion in the formulation and

implementation of policies and measures affecting

them; continue to improve access to arts, cultural

and recreation facilities. (chapter 1.9.7)

External Url http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

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Due to the lack of specific national strategy for social and/or community cohesion in Ireland there is no clear definition of social/community cohesion in Irish law. The closest thing to formal strategy on this theme is ‘The Nation Action Plan Against Poverty.’

Qualitative Info

‘The Nation Action Plan Against Poverty’ can be read in its entirety here:  http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

External Url http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

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Due to the lack of specific national strategy for social and/or community cohesion in Ireland there is no quantifying to which migrant/minority groups one would apply to. The closest thing to formal strategy on this theme is ‘The Nation Action Plan Against Poverty.’

 

Qualitative Info

‘The Nation Action Plan Against Poverty’ can be read in its entirety here: http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

External Url http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

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Qualitative Info

‘The Nation Action Plan Against Poverty’ can be read in its entirety here: http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

 

External Url http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

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The Office for the Promotion of Migrant Integration published a report entitled ‘Integration, a two way process.’ There is, however, no specific strategy for social/community cohesion and thus it is not formally connected to

Qualitative Info

The closest thing to formal strategy on social/community cohesion in Ireland is ‘The Nation Action Plan Against Poverty' which can be read here: http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

'Integration, a Two Way Process' can be read here: http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7WMK3Z1533318-en/$File/INTEGRATION%20-%20A%20Two%20Way%20Process.pdf

External Url http://www.socialinclusion.ie/publications/napincl_plan0305.pdf

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Self-identification is not a criterion for minority, ethnic, cultural, linguistic or religious groups' right to recognition by the Irish government. This is evident from  its first report to the UN Committee on the Elimination of Racial Discrimination (CERD) in 2004. Here the Irish government refused to recognize Travelers as a distinct ethnic group despite their self-identification as such (census).

Qualitative Info

“In regard to the scope of the Report it should be noted that Irish Travellers do not constitute a distinct group from the population as a whole in terms of race, colour, descent or national or ethnic origin.”

-From the report to the UN Committee on the Elimination of Racial Discrimination (CERD), 2004

External Url http://www.itmtrav.ie/keyissues/myview/122

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No, no restrictions of this nature exist either in practice or legislation in Ireland.

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No, no restrictions of this nature exist either in practice or legislation in Ireland.

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The right to freedom of religion is guaranteed by the Irish constitution. A US Department of State report on religious freedom in 2010 found; “no reports of societal abuses or discrimination based on religious affiliation, belief, or practice.” http://www.state.gov/j/drl/rls/irf/2010_5/168317.htm

Qualitative Info

“The Constitution (Bunreacht na hÉireann) guarantees your freedom in Ireland to practice your religion and your freedom of conscience. The state guarantees not to endow or favour any religion and not to discriminate on the grounds of religion.

State aid for schools cannot discriminate between schools of different religious denominations. Every child has the right to attend a denominational school receiving State funding without having to participate in religious instruction in the school.

Your right to religious liberty may be limited to protect public order and morality.

The right of citizens to religious liberty in Ireland is set down in Article 44 of the Constitution.” http://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/religious_liberty.html

External Url http://www.taoiseach.gov.ie/attached_files/Pdf%20files/Constitution%20of%20IrelandNov2004.pdf

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The national broadcaster, RTÉ, is obliged by its remit to refrain from bias and reflect regional, cultural and political diversity of Ireland. It is also compelled by the Broadcasting Act 2001 to ‘relflect the cultural diversity of Ireland.’

Qualitative Info

Public Service Remit: “RTÉ, as the national public service broadcaster, shall reflect the democratic, social and cultural values of Irish society and the need to preserve media pluralism RTÉ shall, at all times, strive to reflect fairly and equally the regional, cultural and political diversity of Ireland and its peoples no editorial or programming bias shall be shown in terms of gender, age, disability, race, sexual orientation, religion or membership of a minority community”           

Broadcasting Act, 2001: “provide a comprehensive range of programmes in the Irish and English languages that reflect the cultural diversity of the whole island of Ireland and include, both on television and radio (and also, where appropriate, any means of transmission referred to in section 16(2)(bbb) (inserted by this Act) of the Act of 1960) programmes that entertain, inform and educate, provide coverage of sporting, religious and cultural activities and cater for the expectations of the community generally as well as members of the community with special or minority interests and which, in every case, respect human dignity.”

External Url http://www.rte.ie/about/organisation/psb.pdf

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The national broadcaster, RTÉ, is obliged by its remit to support the Irish language. There is no provision in its remit or in legislation regarding non-native languages.

Qualitative Info

Public Service Broadcasting Charter: “in reflecting the bilingual nature of Irish society, RTÉ shall actively support the use of the Irish language in everyday life through the production of suitable programming."

External Url http://www.rte.ie/about/organisation/psb.pdf

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There is a visible presence of Irish Language programming and presenters in the Irish Media. There are a number dedicated television and radio stations, a good example of this being TG4, a dedicated free-to-air Irish Language television channel. The national broadcaster is also obliged to ‘relflect the cultural diversity of Ireland’ by the Broadcasting Act 2001.

Qualitative Info

Broadcasting Act 2009:

118.—(1) The objects of TG4 are—

(a) to establish, maintain and operate a national television

broadcasting service, which shall have the character of a

public service, be a free-to-air service and be made available,

in so far as it is reasonably practicable, to the whole

community on the island of Ireland,

(b) to establish and maintain a website and teletext services in

connection with the services of TG4 under paragraphs

(a), (c), (d), (e), (f), (g) and (h),

(c) to establish and maintain choirs and other cultural performing

groups in connection with the services of TG4

under paragraphs (a), (f), (g) and (h),

(d) to assist and co-operate with the relevant public bodies in

preparation for, and execution of, the dissemination of

relevant information to the public in the event of a

major emergency,

(e) to establish and maintain archives and libraries containing

materials relevant to the objects of TG4 under this

subsection,

(f) to establish, maintain and operate, in so far as it is reasonably

practicable, a television broadcasting service, which

shall have the character of a public service, to be made

available to Irish communities outside of the island of

Ireland,

(g) subject to the consent of the Minister, the Minister having

consulted with the Authority, to establish, maintain and

operate in so far as it is reasonably practicable, community,

local, or regional broadcasting services, which

shall have the character of a public service, and be available

free-to-air,

(h) subject to the consent of the Minister, the Minister having

consulted with the Authority, to establish and maintain

non-broadcast non-linear audio-visual media services, in

so far as it is reasonably practicable, which shall have the

character of a public broadcasting service (such consent

not being required in respect of such services which are

ancillary to a broadcasting service provided under paragraphs

(a), (d), (f) and (g)),

(i) so far as it is reasonably practicable, to exploit such commercial

opportunities as may arise in pursuit of the

objects outlined in paragraphs (a) to (h).

External Url http://www.oireachtas.ie/documents/bills28/acts/2009/a1809.pdf

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In May 2008 the Office of the Minister for Integration published a statement entitled ‘Migration Nation, a statement on integration strategy and diversity management’ which, in part, deals with participation of migrants in sport and assesses strategies for further integration.

Qualitative Info

Extract from, ‘Migration Nation’-

“While a number of migrants do participate in cultural, sporting and

political aspects of Irish society and many communities have staged

cultural and sporting events designed to celebrate the arrival of

different communities and diversity in Irish society, there is scope

to further increase participation by migrants in all of these aspects

of life. The point has been well made that activities in these areas

can play a major part in encouraging integration, especially at

local level.”

“Discussions have taken place with the larger sporting bodies most

directly engaged with migrants about their plans for the future in

encouraging participation of migrants in their activities. The bodies

have drawn up, or are in the course of doing so, detailed

programmes for integration.”

External Url http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7SQDF91044205-en/$File/Migration%20Nation.PDF

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The Irish Government tend to classify people in terms of nationality rather than ethnic status so specifics on minorities in sport are hard to come by, however, in May 2008 the Office of the Minister for Integration published a statement entitled ‘Migration Nation, which, in part, deals with participation of migrants in sport and assesses strategies for further integration. In Ireland many of the minority groups are made up of first or second generation immigrants.

Qualitative Info

Extract from, ‘Migration Nation’-

“While a number of migrants do participate in cultural, sporting and

political aspects of Irish society and many communities have staged

cultural and sporting events designed to celebrate the arrival of

different communities and diversity in Irish society, there is scope

to further increase participation by migrants in all of these aspects

of life. The point has been well made that activities in these areas

can play a major part in encouraging integration, especially at

local level.”

“Discussions have taken place with the larger sporting bodies most

directly engaged with migrants about their plans for the future in

encouraging participation of migrants in their activities. The bodies

have drawn up, or are in the course of doing so, detailed

programmes for integration.”

External Url http://www.integration.ie/website/omi/omiwebv6.nsf/page/AXBN-7SQDF91044205-en/$File/Migration%20Nation.PDF

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