October News -
Travellers Don't Know Their Rights
By working with Travellers the Equality Authority can help bring around real change, says its Chief Executive, Niall Crowley. Niall, previously Co-Director of Pavee Point, talked to Nancy Collins - a community worker with Pavee Point.
"Since the Equality Authority opened last October we've had a few enquires from Travellers. We are looking at how many of those enquiries will turn into cases," says Niall Crowley.
The Equality Authority has the power to enforce recent equality legislation enacted in this country. Its powers include legal prosecution of discriminators. Equality in employment is currently covered by law. And, when the Equal Status Act comes into being, so too will be the provision of goods, services, accommodation and more.
But, according to Niall, Travellers are not aware of the rights they already have.
"I think there's a big challenge there at the moment in terms of making people aware of their rights and supporting people to act on those rights.
"It's a challenge we can only meet in partnership with Traveller organisations. If people don't know they have these rights they won't have the confidence to take up their rights and to bring forward a case."
"Traveller groups are very well placed to make sure Travellers know about their new rights. They have always been very focused on Traveller rights so, I expect that to happen very effectively."
Besides bringing cases, Travellers have other opportunities within the Authority to further their cause.
"The Authority has the power to set up advisory committees," says Niall "We would hope that Traveller groups might participate in those. These committees will be focused on a specific task and will be set up for a particular length of time. Education seems to be very important to most groups.
"There is Traveller representation on the Authority board and I think that's very important."
Already Traveller groups have made an important contribution to the Authority's strategic plan. Written submissions have been made and Traveller representatives have participated in consultation meetings.
"We hope to move forward in a way that is consultative," says Niall. "That's been very valuable in the past. Hopefully, consultation meetings will continue over the life of the strategic plan and Traveller groups will have a chance to let us know where we're getting it wrong and help us to improve.
"And, hopefully they will let us know where we're getting it right."
Niall hopes that in turn the Equality Authority will be a resource to Travellers groups and help to bring forward their agendas in a useful way.
He sees the Authority's power to draw up 'codes of practice' for employers and service providers as being a powerful tool.
"The interesting thing about 'codes of practice' is, that once they're approved by the Justice Minister, employers can be found guilty of discrimination if they don't operate according to those codes. So, they're quite important," he explains.
"And Travellers will be named in those 'codes of practice'. And any specifics that flow from Travellers' distinct culture and identity will be taken into account in the design of those codes," he adds.
Niall also hopes the Authority's work in drawing up equality reviews and action plans for various organisations will result in better outcomes for groups like Travellers - more equal employment opportunities and better services.
"We want to contribute to creating a situation where employers and service providers take equality into account when making decisions or making policy," says Niall, "I think that could be quite important in terms of Travellers."
But Niall warns of the danger of seeing the Equality Authority as the answer to all problems that Travellers experience. "We're there as another part of the answer, just as Traveller groups are, just as the National Consultative Committee on Racism and Interculturalism is. There are a range of Government Department committees with responsibilities in this area. So, I hope we can be seen as part of the answer - not the total answer," he says.
He also acknowledges that although change comes about slowly, it does happen. "It's clear that we have a contribution to make to change but it's also clear that change takes time. Travellers are well used to that, unfortunately," he adds.
"But, I think that the Equality Authority is about change. If the legislation is effective it will change the situation of Travellers. It won't answer all the problems that Travellers have but, there should be results for Travellers. How instant they are remains to be seen."
"If people don't know they have these rights they won't have the confidence to take up their rights and to bring forward a case."
"I hope we can be seen as part of the answer - not the total answer."
Equal Status Act
The Time is Now
The Equal Status Act means people discriminated against in their job and in the provision of goods, services, accommodation and more, can take a legal case.
The Equality Authority is there to promote equality. If you're being discriminated against it can give you advice and help you prepare a case.
Under the Act you cannot be discriminated against on any of the following grounds - your marital status, family status, gender, sexual orientation, age, disability, religion, race and if you are a member of the Traveller community.
The Act also protects you if you experience 'victimisation' by bringing a case.
The Director of Equality Investigations will hear your case and adjudicate on it.
Take Action
- Give the Equality Authority a ring and talk through your situation at (01) 417 3333.
- Set up a meeting with the Equality Authority to talk through the details and prepare your case.
- With the support of the Authority, bring your case for hearing to the Director of Equality Investigations.
But, be aware! If you don't send your complaint to the Director within 6 months, the Director is not obliged to examine your case.
Winning
If you win your case, the Director will issue both parties with a copy of the decision. This will spell out what is expected to redress the situation.
If the decision is not complied with, then the Circuit Court will be requested to order compliance. If the order is not obeyed the guilty party could be fined up to €25,000 and imprisoned for up to 2 years.