The Equality Authority must take risks in strategic litigation in order to challenge attitudes, prejudices and behaviours, according to the Minister for Justice.
Michael McDowell was speaking at the launch of the 2004 annual report of the authority yesterday. He said the equality legislation gives the authority several tools to combat discrimination, ranging from the softer options of encouraging and assisting employers to the use of its harder enforcement powers.
"It is commendable that the authority has not shirked from using all of these options, although there may not always be certainty of success," he said.
"Exercising the option of strategic litigation is a particular risk, from both a credibility and financial perspective. Nevertheless, risks in this area must be taken if deep-seated attitudes and behaviours are to be challenged. Litigation is also necessary at times to clarify the application of the rights and duties in the equality legislation in various contexts."
Earlier this year the Equality Authority lost a case in the High Court where Portmarnock Golf Club appealed a District Court ruling that its exclusion of women from membership was illegal under the equality legislation. The authority has not yet decided whether to appeal this decision to the Supreme Court.
Commenting on the high incidence of complaints of racial discrimination, as revealed in the annual report, Mr McDowell said: "Our economic growth is increasingly reliant on diverse sources of labour supply, and our ability to attract and retain migrant workers would be damaged by discriminatory practices.
"We can't have it both ways. We must ruthlessly challenge those who exploit those who come here and lack the support networks others have."
He said he did not accept claims in the authority's annual report that the 2004 Equality Act fell short of some of the requirements of three EU Equality Directives, which it was designed to translate into Irish law. He said these points were extensively debated and responded to during the passage of the legislation.
"I will simply comment that legislation, including EU legislation, is often open to several interpretations, and I am satisfied that the equality directives have been properly and fully implemented."
He said that the decentralisation of the authority to Roscrea, as part of the Government's plan, "will pose demands on the organisation to see through the relocation while maintaining the high quality and output of work I have come to expect". However, the Minister said he was confident in its ability to manage this process.