A MAJOR EU report on equality bodies has criticised Ireland for its cut to the budget of the Equality Authority in 2008 and long backlogs in cases before the Equality Tribunal.
However, Ireland is praised for the structure of its equality institutions, the breadth of their remit and the powers and functions they have been given.
The report is based on the first ever study of equality bodies set up under the EU’s Equality Directives of 2000, 2004 and 2006, and was drawn up by a group of six experts from across the EU, one of whom was Niall Crowley, former chief executive of the Equality Authority, who resigned in 2008 over cuts to its budget.
The report assesses the independence and effectiveness of equality bodies in all 27 member states bound by the directives, with three European Free Trade Association countries, and recommends the European Commission should encourage development of standards for the structures and operations of such bodies.
Forty-eight equality bodies were examined, falling into two categories – tribunal-type bodies (such as Ireland’s Equality Tribunal) and promotion-type bodies, providing support to victims of discrimination and promoting good practice (such as Ireland’s Equality Authority).
It found a great variety in the manner of appointment to the boards of such bodies, and said the proportion of government representatives on the boards was an important indicator of their degree of independence. It stressed the importance of legal independence as a prerequisite for real independence, but added the latter was enhanced by strong leadership, stakeholder involvement and plurality within the body’s board and staff.
It said many of the bodies examined reported insufficient resources, both in terms of staff and financial resources, for the carrying out of their functions. “The issue of resources can be particularly damaging for the work of tribunal-type bodies as it can lead to a backlog of cases with significant delays in cases being heard,” it said, citing Ireland as an example, with the Equality Tribunal reporting a backlog of up to seven or eight years. “Delays in proceedings lead to decisions coming too late after the event,” it remarks.
On the issue of resources, it acknowledges the economic downturn creates a difficult context for all publicly funded bodies, and some financial restrictions were to be expected. It adds that it found a number or instances where “the restrictions applied to equality bodies are disproportionate and amount to a regression in the protection against discrimination”.
Seven examples are given, including the 2008 cut of 43 per cent in the budget of the Equality Authority in Ireland. Other countries criticised for cuts in equality body resources were Bulgaria, Romania, Latvia, Lithuania, Luxembourg and France.