I move amendment No. 32: In page 8, line 12, to delete “may” and substitute “shall”. I reserve the right to reintroduce this on Report Stage.

I move amendment No. 33: In page 8, after line 38, to insert the following: “(11) The Minister may set out in regulation such financial penalties as are deemed appropriate where a concerned person does not comply with the provisions of section 20A.”. We mentioned the carrot earlier, but some of these amendments relate to the stick, so there is a combination. They refer to steps that might be taken to ensure that there are consequences for non-compliance. The "may" and "shall" in some of the amendments I have withdr…

I commend the Irish Human Rights and Equality Commission, IHREC, and note its capacity and responsibilities are growing, but I strongly recommend that its resources and funding grow commensurate with that. Its brief is very wide now and it has an extraordinary level of responsibility, including in terms of the UN Convention on the Rights of Persons with Disabilities, UNCRPD, and so many other elements of equality legislation which it is effectively implementing. The nature of the work of IHREC is such that it not g…

I move amendment No. 34: In page 8, after line 38, to insert the following: “(11)The Minister may set out in regulation such financial or other penalties as are deemed appropriate where a concerned person does not comply with the provisions of section 20A.” I will withdraw this amendment.

I move amendment No. 35: In page 8, after line 38, to insert the following: “(11) The Minister may by regulation specify circumstances in which a company shall be required to provide evidence of compliance with section 20A.”. It is important these amendments are not grouped with the previous ones because they are not directly designed as a penalty but rather as a consequence in respect of non-compliance. Penalties and consequences are quite different and this is, in effect, about ensuring those companies that have …

I had pretty much concluded and I am looking forward to the Minister's response.

I will briefly respond, particularly in respect of amendment No. 36. The issue is that much legislation has come through this House regarding financial supports for business and the business sector. It is reasonable we seek to ensure best practice from those who are receiving financial supports, loans and grants and who may, for example, be eligible for projects under the recovery and resilience fund and so forth. I note my amendment does not simply relate to public procurement but also to those many other forms of…

I move amendment No. 36: In page 8, after line 38, to insert the following: “(11) The Minister may by regulation specify circumstances in which a company shall be required to provide evidence of compliance with section 20A, which may include: (a) application for public grants, funds or loans, and (b) submission of tender for public contracts.”. I ask for an indication from the Minister on whether we can engage between now and Committee and Report Stages on this. In that context, I withdraw the amendment. The Minist…

I second the amendment.

My amendment No. 38 is grouped with this. I urge the Minister to consider engaging with this amendment on Report Stage. We have mentioned, and I welcome, the fact that he has increased the range of power from the Circuit Court to the High Court in respect of the Irish Human Rights and Equality Commission. However, while compliance and the consequence for non-compliance, which is the Irish Human Rights and Equality Commission going to the High Court to seek a compliance order, both come under section 20A, my concern…

I recognise those points but I still believe that there is a need for a stronger provision because, unfortunately, compliance orders are not always complied with. This is a fact, so I am concerned in that regard. I recognise and welcome the provisions relating to the High Court and, in particular, those relating to the employee being able to initiate action. These are really strong measures. I will not press my amendment because I do not believe it is worded as strongly as the amendment in Senator Warfield's name, …

I move amendment No. 38: In page 9, between lines 20 and 21, to insert the following: "(4) The Minister may set out in regulation such financial or other penalties as are deemed appropriate where a concerned person does not comply with a compliance order issued under section 85B within 12 months of the date of such a compliance order.". I will withdraw my amendment and submit a new amendment on this issue on Report Stage.

I will make the very simple point. Given that this Bill will probably return very briefly to the Dáil simply to confirm the acceptance of this amendment, there is no reason, in terms of timeliness or whatever, not to consider including some short and, in particular, non-controversial amendments. I would even look to some of those relating to the use of the terms "may" and "shall" or dates. Between now and Report Stage, I urge the Minister to reflect on the fact that this Bill will go back to the Dáil anyway. Why no…

Senator Bacik previously indicated to the acting Clerk of the Seanad that I would move amendment No. 40 on her behalf.

I move amendment No. 40: In page 11, line 7, after "request." to insert "This subsection is without prejudice to the entitlement of the Commission to exercise its powers under this section in any such case of its own motion.". This amendment makes it clear that such other powers to act in respect of this section do not impinge on the entitlement of IHREC to exercise its powers or move any case on its own motion. The Minister spoke about seeking to strengthen the powers of the Irish Human Rights and Equality Commiss…

I thank the Minister and his confirmation will be welcomed by Senator Bacik. I will withdraw the amendment but wish to advise that it may be reintroduced on Report Stage.

I move amendment No. 42: In page 11, line 9, after “review” to insert “to be published”. My amendments relate to a review. This is a simple matter but basically I want to ensure that the review will be published. The review clause currently simply says, "The Minister shall cause a review of the functioning of the amendments made", but it does not commit to the publication of the review or the laying of the review before the Oireachtas to be debated by a relevant committee. It is always good to set things out in leg…

I am not giving up on them.

I move amendment No. 43: In page 11, line 10, to delete "4th anniversary" and substitute "3rd anniversary". For reasons of consistency, I will press the amendment.

I move amendment No. 44: In page 11, line 11, after "section" to insert "and shall review the same not less than every three years subsequently".