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21 1998

EMPLOYMENT EQUALITY ACT, 1998

PART V

Equality Authority

General

Continuation of Employment Equality Agency as Equality Authority.

38. —(1) The Employment Equality Agency established by section 34 of the Employment Equality Act, 1977 , shall continue as a body corporate with perpetual succession and power to sue and be sued in its corporate name and to acquire, hold and dispose of land and on and after the coming into operation of this section shall be known as An tÚdarás Comhionannais or, in the English language, the Equality Authority, and references in any enactment or other document to the Employment Equality Agency shall be construed accordingly.

(2) Every person who, immediately before the day of the coming into operation of this section, held office as the chairman or as an ordinary member of the Agency shall cease to hold the office on that day.

Functions of Authority.

39. —The Authority shall have, in addition to the functions assigned to it by any other provision of this Act or of any other Act, the following general functions:

(a) to work towards the elimination of discrimination in relation to employment;

(b) to promote equality of opportunity in relation to the matters to which this Act applies;

(c) to provide information to the public on and to keep under review the working of this Act, the Maternity Protection Act, 1994, and the Adoptive Leave Act, 1995 , and, whenever it thinks necessary, to make proposals to the Minister for amending any of those Acts; and

(d) to keep under review the working of the Pensions Act, 1990 , as regards the principle of equal treatment and, whenever it thinks necessary, to make proposals to the Minister for Social, Community and Family Affairs for amending that Act.

Strategic Plans.

40. —(1) As soon as practicable after the coming into operation of section 38 and thereafter within 6 months before each third anniversary of such coming into operation, the Authority shall prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing 3 year period.

(2) A strategic plan shall—

(a) comprise the key objectives, outputs and related strategies, including use of resources, of the Authority,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister, and

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Authority.

(3) The Minister shall, as soon as practicable after the strategic plan has been approved, cause a copy of the strategic plan to be laid before each House of the Oireachtas.

Membership.

41. —(1) Subject to subsection (2), the Authority shall consist of 12 members appointed by the Minister (one of whom shall be appointed as its chairperson) of whom at least 5 shall be male and 5 shall be female.

(2) For the 4 years immediately following the first appointment by the Minister of members of the Authority, the Authority shall consist of not more than 12 members so appointed (one of whom shall be its chairperson) of whom, other than 2, at least half shall be male and half shall be female.

(3) The Authority may act notwithstanding any vacancy or vacancies among its members.

Chairperson.

42. —(1) The chairperson shall be appointed either in a whole-time or a part-time capacity and shall hold office for not more than 4 years on such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine.

(2) The chairperson shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances and expenses as the Minister, with the consent of the Minister for Finance, may determine.

(3) The chairperson may at any time resign that office by letter addressed to the Minister and the resignation shall take effect on the date of the receipt of the letter by the Minister.

(4) The Minister may at any time, for stated reasons, remove the chairperson from office.

Disqualification.

43. —(1) Where a person who is the chairperson or an ordinary member of the Authority is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

the person shall thereupon cease to be chairperson or an ordinary member of the Authority.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while so entitled or such a member, be disqualified from becoming chairperson or an ordinary member of the Authority.

(3) A person who is a member of the Authority shall be disqualified from holding and shall cease to hold office if that person is adjudged bankrupt or makes a composition or arrangement with creditors or, on conviction on indictment by a court of competent jurisdiction, is sentenced to imprisonment, or if he or she ceases to be ordinarily resident in the State.

Ordinary members.

44. —(1) Of the ordinary members of the Authority—

(a) two, one male and one female, shall be persons appointed on the nomination by such organisations representative of employees as the Minister considers appropriate,

(b) two, one male and one female, shall be persons appointed on the nomination by such organisations representative of employers as the Minister considers appropriate, and

(c) the remaining number shall be such persons as appear to the Minister to be persons who have knowledge of, or experience in—

(i) consumer, social affairs or equality issues, including issues related to the experience and circumstances of groups who are disadvantaged by reference to gender, marital status, family status, sexual orientation, religion, age, disability, race, colour, nationality, ethnic or national origin or membership of the traveller community,

(ii) issues related to the provision of goods or services, or

(iii) such other subject-matter (including law, finance, management or administration) as appears to the Minister to be relevant to the issues to which the functions of the Authority relate.

(2) Each ordinary member of the Authority shall be a part-time member and, subject to this Act, shall hold office for not more than 4 years on such terms and conditions as the Minister, with the consent of the Minister for Finance, may determine.

(3) The Minister may at any time, for stated reasons, remove an ordinary member of the Authority from office.

(4) Each ordinary member of the Authority shall be paid out of moneys provided by the Oireachtas such expenses as the Minister, with the consent of the Minister for Finance, may sanction.

(5) An ordinary member of the Authority may resign as such a member by letter addressed to the Minister and the resignation shall take effect on the date of the receipt of the letter by the Minister.

(6) Where a casual vacancy occurs among any members of the Authority nominated as mentioned in subsection (1)(a) or (b), the Minister shall forthwith invite the organisation which made the nomination concerned to nominate a person (being a person of the same sex as the former member concerned) for appointment to fill the vacancy and the Minister shall appoint to fill the vacancy the person so nominated.

(7) Where a person is appointed a member of the Authority to fill a casual vacancy, such member shall hold office for the unexpired period of offices of the person that he or she replaced as a member.

Chairperson and ordinary members may be re-appointed.

45. —The chairperson and an ordinary member of the Authority whose term of office expires by effluxion of time shall be eligible for re-appointment as the chairperson or an ordinary member.

Vice-chairperson.

46. —(1) The Minister shall appoint one of the ordinary members of the Authority to be vice-chairperson of the Authority with the function of acting as chairperson in the absence of the chairperson.

(2) The vice-chairperson shall be paid, out of moneys provided by the Oireachtas, such remuneration and allowances and expenses as the Minister, with the consent of the Minister for Finance, may determine.

Meetings and business.

47. —(1) The Authority shall hold such and so many meetings as may be necessary for the performance of its functions and subject to this Act may make arrangements for the conduct of its meetings and business.

(2) Arrangements referred to in subsection (1) may, with the approval of the Minister, provide for the discharge, under the general direction of the Authority, of any of its functions by a sub-committee of the Authority.

(3) The Minister may fix or sanction the date, time and place of the first meeting of the Authority to take place after the coming into operation of this subsection.

(4) The quorum for a meeting of the Authority shall be 5 members.

(5) At a meeting of the Authority—

(a) the chairperson shall, if present, take the chair,

(b) in the absence of the chairperson or, if the office of chairperson is vacant, the vice-chairperson of the Authority shall take the chair, and

(c) if and so long as—

(i) the chairperson is not present or the office of chairperson is vacant, and

(ii) the vice-chairperson of the Authority is not present or the office of vice-chairperson is vacant,

the members of the Authority shall choose one of their number to take the chair at the meeting.

(6) The chairperson and each ordinary member of the Authority attending a meeting of the Authority shall have one vote.

(7) Every question at a meeting of the Authority shall be determined by a majority of the votes cast on the question and, in the case of an equal division of votes, the person who chairs the meeting shall have a second or casting vote.

Advisory committees.

48. —(1) The Authority may from time to time appoint such and so many advisory committees as it thinks fit to advise it on matters relating to its functions, for such period and subject to such terms of reference as it thinks appropriate.

(2) Where the Authority has appointed an advisory committee, it shall appoint one of the members of the committee as the presiding member and another as a vice presiding member who shall act in the absence of the presiding member.

(3) The presiding member of an advisory committee shall be paid out of moneys at the disposal of the Authority such fee for attendance at meetings of the committee as the Minister, with the consent of the Minister for Finance, may sanction.

(4) Each member of an advisory committee shall be paid out of moneys at the disposal of the Authority such allowance for expenses incurred by the member as the Minister, with the consent of the Minister for Finance, may sanction.

Chief Executive Officer.

49. —(1) There shall be a chief executive officer of the Authority (who shall be known, and is referred to in this Act as the “Chief Executive Officer”).

(2) The Chief Executive Officer shall manage and control generally the staff, administration and business of the Authority and perform such other functions as may be conferred on him or her by or under this Act or determined by the Authority.

(3) The Chief Executive Officer shall be responsible to the Authority for the performance of his or her functions and the implementation of the Authority's policies.

(4) The Chief Executive Officer shall provide to the Authority such information, including financial information, in relation to the performance of his or her functions as the Authority may from time to time require.

(5) Such of the functions of the Chief Executive Officer as may from time to time be specified by him or her may, with the consent of the Authority, be performed by such member of the staff of the Authority as may be authorised by the Chief Executive Officer.

(6) The functions of the Chief Executive Officer may be performed during his or her absence or when the position of Chief Executive Officer is vacant by such member of the staff of the Authority as may from time to time be designated for that purpose by the Authority.

(7) The first Chief Executive Officer shall be appointed, and may be removed from office at any time, by the Minister; each subsequent Chief Executive Officer (including any person re-appointed as Chief Executive Officer) shall be appointed, and may be removed from office at any time, by the Authority with the consent of the Minister.

Accountability of Chief Executive Officer.

50. —(1) The Chief Executive Officer of the Authority shall, whenever required by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that committee on—

(a) the regularity and propriety of the transactions recorded or required to be recorded in any book or other record of account subject to audit by the Comptroller and Auditor General which the Chief Executive Officer or the Authority is required by or under statute to prepare,

(b) the economy and efficiency of the Authority in the use of its resources,

(c) the systems, procedures and practices employed by the Authority for the purpose of evaluating the effectiveness of its operations, and

(d) any matter affecting the Authority referred to in a special report of the Comptroller and Auditor General under section 11 (2) of the Comptroller and Auditor General (Amendment) Act, 1993 , or in any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

(2) In the performance of duties under this section, the Chief Executive Officer shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.

Staff.

51. —(1) The Minister may, after consultation with the Authority, appoint such number of persons to be members of the staff of the Authority as may be approved by the Minister for Finance.

(2) The Minister shall, after consultation with the Authority and with the consent of the Minister for Finance, determine the grades of staff of the Authority and the numbers of staff in each grade.

(3) Each appointment under this section or section 49 shall be—

(a) on such terms as the Minister may, with the consent of the Minister for Finance, determine and shall be subject to the Civil Service Commissioners Act, 1956 , and the Civil Service Regulation Acts, 1956 to 1996, or

(b) on such other terms and conditions as may be determined by the Authority and approved by the Minister with the consent of the Minister for Finance.

Seal of Authority.

52. —(1) The Authority shall provide itself with a seal which shall be authenticated by the chairperson or some other member of the Authority authorised by it to act on its behalf and by the signature of an officer of the Authority authorised by it to act in that behalf.

(2) Judicial notice shall be taken of the seal of the Authority and any document sealed with the seal shall be admissible in evidence.

Accounts and audits.

53. —(1) The Chief Executive Officer, following the agreement of the Authority, shall—

(a) submit estimates of income and expenditure to the Minister in such form in respect of such periods and at such times as may be required by the Minister, and

(b) furnish to the Minister any information which the Minister may require in relation to such estimates, including proposals and future plans relating to the discharge by the Authority of its functions over a period of years.

(2) The Chief Executive Officer, under the direction of the Authority, shall cause to be kept all proper and usual books or other records of account of—

(a) all income and expenditure of the Authority,

(b) the sources of such income and the subject matter of such expenditure, and

(c) the property, assets and liabilities of the Authority,

and shall keep and account to the Authority for all such special accounts as the Minister or the Authority, with the consent of the Minister, may from time to time direct to be kept.

(3) The financial year of the Authority shall be the period of 12 months ending on the 31st day of December in any year.

(4) The Authority, the Chief Executive Officer and the other officers of the Authority shall, whenever so requested by the Minister, permit any person appointed by the Minister to examine the books or other records of account of the Authority in respect of any financial year or other period and shall facilitate any such examination, and the Authority shall pay such fee therefor as may be fixed by the Minister.

(5) The accounts of the Authority for each financial year shall—

(a) be prepared in such form and manner as may be specified by the Minister, and

(b) be prepared by the Chief Executive Officer and approved by the Authority as soon as practicable but not later than 3 months after the end of the financial year to which they relate for submission to the Comptroller and Auditor General for audit,

and a copy of the accounts and the auditor's report thereon shall be presented, as soon as practicable, to the Authority and to the Minister.

(6) The Minister shall cause a copy of the accounts and the auditor's report referred to in subsection (5) to be laid before each House of the Oireachtas.

Annual report and provision of information to Minister.

54. —(1) The Authority shall, within 6 months of the commencement of every calendar year, make a report to the Minister on the activities of the Authority in respect of the previous calendar year, or in the case of the first calendar year during which section 38 came into operation, that part of the calendar year in which section 38 was in operation.

(2) A report under subsection (1) shall include information on the performance of the functions of the Authority during the period to which the report relates and, without prejudice to the generality of the foregoing, shall include in the report—

(a) an account of any equality review made in that period,

(b) such information as the Authority considers appropriate concerning the implementation of equality action plans in that period, and

(c) such other information in such form as the Authority thinks fit or the Minister may direct.

(3) The Authority shall, if so requested by the Minister, furnish to the Minister such information as the Minister may request relating to—

(a) any matter concerning the policy and activities of the Authority generally,

(b) any specific matter or account prepared by it, or

(c) any report specified in subsection (1),

and the information shall be furnished by the Chief Executive Officer acting under the general authority of the Authority.

(4) The Minister shall cause a copy of every report under subsection (1) to be laid before each House of the Oireachtas.

(5) In subsection (2)equality review” and “equality action plan” have the same meanings as in Part VI .

Grants and borrowing powers.

55. —(1) In each financial year there may be paid to the Authority out of moneys provided by the Oireachtas a grant of such amount as the Minister, with the consent of the Minister for Finance, may sanction towards the expenses of the Authority in the performance of its functions.

(2) The Authority may, with the consent of the Minister given with the concurrence of the Minister for Finance, borrow temporarily such sums of money as it may require for the purpose of providing for current expenditure.

Codes of practice.

56. —(1) The Authority may, or if requested to do so by the Minister shall, prepare for submission to the Minister draft codes of practice in furtherance of either or both of the following aims:

(a) the elimination of discrimination in employment;

(b) the promotion of equality of opportunity in employment.

(2) Before submitting a draft code of practice under subsection (1) to the Minister, the Authority shall consult such other Minister of the Government or other person or body as the Authority considers appropriate or as the Minister may direct.

(3) After a draft code of practice has been submitted under subsection (1), the Minister may by order declare that the draft—

(a) is an approved code of practice for the purposes of this Act, or

(b) as amended by the Minister after consultation with the Authority, is an approved code of practice for the purposes of this Act,

and an order under this subsection shall set out the text of the approved code of practice to which it relates.

(4) An approved code of practice shall be admissible in evidence and, if any provision of the code appears to be relevant to any question arising in any criminal or other proceedings, it shall be taken into account in determining that question; and for this purpose “proceedings” includes, in addition to proceedings before a court and under Part VII , proceedings before the Labour Court, the Labour Relations Commission, the Employment Appeals Tribunal, the Director and a rights commissioner.

(5) The Minister may, by order, after consultation with the Authority, revoke or amend an approved code of practice.

(6) Every order made under subsection (3) or (5) shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Research and information.

57. —(1) The Authority may undertake or sponsor such research and undertake or sponsor such activities relating to the dissemination of information as it considers necessary and as appear expedient for the purpose of performing any of its functions.

(2) The Authority may make charges for any services provided by it under subsection (1).

(3) For the purpose of assisting it in the performance of its functions under this section the Authority may, with the approval of the Minister, employ any person or persons having qualifications which in the opinion of the Authority relate to those functions.

Inquiries by Authority

Inquiries.

58. —(1) Subject to subsection (4), the Authority may, for any purpose connected with the performance of its functions, conduct an inquiry, and shall do so where required by the Minister.

(2) An inquiry may be conducted—

(a) by a member of the Authority, or

(b) by a member of its staff as may be delegated by the Authority for the purpose, or

(c) by a person duly employed under subsection (3) as may be delegated by the Authority for the purpose, or

(d) by more than one person, to each of whom paragraph (a), (b) or (c) relates,

and the person or persons conducting the inquiry shall, for the purposes of the inquiry, have all the functions of the Authority.

(3) For the purposes of an inquiry provided for by this section, the Authority may, with the approval of the Minister, employ one or more persons having qualifications which, in the opinion of the Authority, are relevant to the conduct of the inquiry.

(4) The Authority shall not conduct an inquiry until—

(a) terms of reference for the inquiry have been drawn up by the Authority or, if the inquiry is one which the Minister has required, by the Minister after consultation with the Authority, and

(b) notice of intention to conduct the inquiry has been given by the Authority—

(i) by publishing it in at least one daily newspaper circulating generally in the State, or

(ii) where the terms of reference refer to a specified person, by providing the person with a copy of the notice in writing.

Obtaining information etc. for purposes of inquiry.

59. —(1) The Authority may, for the purposes of an inquiry under section 58 , do all or any of the following:

(a) require any person, by notice delivered to that person, to supply to the Authority such information as it specifies in the notice and requires for the purpose of the inquiry;

(b) require any person, by notice delivered to that person, to produce to the Authority or to send to it, any document specified in the notice and in that person's power or control;

(c) summon witnesses, by notice delivered to them, to attend before the Authority;

(d) administer oaths and affirmations to witnesses and examine witnesses attending before the Authority.

(2) A notice shall not be regarded as delivered to a person for the purposes of any paragraph of subsection (1) unless it is delivered to the person—

(a) personally, or

(b) by registered post,

and the notice shall be signed by at least one member of the Authority.

(3) No notice under subsection (1) shall be delivered unless—

(a) the Authority has obtained the Minister's consent to the delivery, or

(b) the Authority believes that a person named in the terms of reference for the inquiry to which the notice relates—

(i) has discriminated or is discriminating,

(ii) has contravened or is contravening section 8 (4), 10 or 1 4, or

(iii) has failed or is failing to comply with an equality clause or an equal remuneration term.

(4) The Authority may make, to a person who attends before it as a witness, such payments in respect of subsistence and travelling expenses as the Minister, with the consent of the Minister for Finance, may determine.

Offences relating to inquiries etc.

60. —(1) Every person who—

(a) fails or refuses to supply to the Authority information required by it and specified in a notice under section 59 (1)(a),

(b) fails or refuses to produce or send to the Authority any document in that person's power or control as required by a notice under section 59 (1)(b),

(c) on being duly summoned as a witness by a notice under section 59 (1)(c), fails or refuses to attend before the Authority,

(d) being in attendance as a witness before the Authority, refuses to take an oath or affirmation when required by the Authority to do so or to answer any question to which the Authority may require an answer, or

(e) does anything which, if the Authority were a court of justice having power to commit for contempt of court, would be contempt of court,

shall be guilty of an offence.

(2) The court by which a person is convicted of an offence under paragraph (a), (b) or (c) of subsection (1) may require the person to comply with the notice referred to in that paragraph.

(3) A person to whom a notice has been delivered under section 59 (1)(a) who—

(a) makes a false statement when supplying to the Authority information specified in the notice, or

(b) alters, suppresses, conceals or destroys a document specified in the notice,

shall be guilty of an offence.

Recommendations arising out of and reports of inquiries.

61. —(1) After it has conducted an inquiry under section 58 , or in the course of such an inquiry, the Authority may make to any person, including the Minister, recommendations arising out of the inquiry for the purpose of promoting either or both of the general functions of the Authority specified in paragraphs (a) and (b) of section 39 .

(2) As soon as practicable after it has conducted an inquiry under section 58 the Authority shall prepare or cause to be prepared a report of the inquiry and the report shall contain any findings of the Authority arising out of the inquiry.

(3) Where the inquiry under section 58 was one required by the Minister, a copy of the report under subsection (2) shall be sent to the Minister as soon as practicable after its preparation.

(4) As soon as practicable after—

(a) the preparation of a report under subsection (2) that is not required to be sent to the Minister under subsection (3), the Authority, or

(b) the receipt of a copy of a report sent to the Minister under subsection (3), the Minister,

shall cause the report to be published or otherwise made available and give notice to the public of the publication or availability.

(5) Any information obtained by the Authority in the exercise of its powers under section 59 concerning any organisation or person or the business carried on by any organisation or person, which is not available otherwise, shall not—

(a) be included in a report under this section without the consent of the organisation or the person concerned, unless the non-inclusion would be inconsistent with the duties of the Authority and the object of the report, and

(b) without such consent, be disclosed by any person concerned in any criminal or other proceedings under this Act.

Non-discrimination notices.

62. —(1) Where, in the course of the conduct of an inquiry or after such an inquiry has been conducted, the Authority is satisfied that any person—

(a) has discriminated or is discriminating,

(b) has contravened or is contravening section 8 (4), 10 or 1 4, or

(c) has failed or is failing to comply with an equality clause or an equal remuneration term,

the Authority may serve a non-discrimination notice on that person, either by personal delivery or by registered post.

(2) Where the Authority proposes to serve a non-discrimination notice on any person, it shall, before the notice is served, notify the person in writing of its proposal to do so.

(3) Notification under subsection (2) of a proposal to serve a non-discrimination notice shall—

(a) specify the act or omission constituting the discrimination, contravention or failure referred to in subsection (1) to which the notification relates, and

(b) inform the person concerned of the right to make representations to the Authority in accordance with subsection (4).

(4) A person who has received a notification under subsection (2) may, within 28 days of the receipt, make representations to the Authority regarding the proposal, and where any such representations are made, the Authority shall consider them before serving a non-discrimination notice on the person.

(5) A non-discrimination notice shall—

(a) specify the act or omission constituting the discrimination, contravention or failure referred to in subsection (1) to which the non-discrimination notice relates,

(b) require the person on whom it is served not to commit the act or omission constituting the discrimination or contravention or, where appropriate, to comply with the equality clause or equal remuneration term,

(c) specify, in the case of a discrimination, what steps the Authority requires to be taken by the person on whom it is served in order not to commit the discrimination,

(d) require the person on whom it is served, within a period specified in the non-discrimination notice, to inform the Authority and any other persons so specified of the steps taken in order to comply with the notice, and

(e) require the person on whom it is served, within a period specified in the non-discrimination notice, to supply the Authority with any additional information so specified.

Appeal against non-discrimination notice.

63. —(1) A person on whom a non-discrimination notice has been served may appeal to the Labour Court within 42 days of the date of service against the notice or any requirement of the notice.

(2) Where an appeal under subsection (1) is not made, a non-discrimination notice shall come into operation on the expiry of the 42 day period referred to in that subsection.

(3) Where the Labour Court has heard an appeal under subsection (1), it may either confirm the notice in whole or in part, with or without an amendment of the notice, or allow the appeal.

(4) Where the Labour Court confirms a non-discrimination notice, the notice, as so confirmed in whole or in part, shall come into operation on such date as it shall fix.

(5) Where the Labour Court allows an appeal under subsection (1), the non-discrimination notice appealed against shall cease to have effect.

Register of non-discrimination notices.

64. —The Authority shall keep and maintain a register of every non-discrimination notice which has come into operation and the register shall be open to inspection by any person at all reasonable times.

Injunctions for failure to comply with non-discrimination notice.

65. —(1) Subject to subsection (2), the High Court or the Circuit Court may, on the motion of the Authority, grant an injunction to prevent discrimination by a person specified in the order of the court concerned of a type so specified.

(2) Subsection (1) applies to a case where, in the period of 5 years beginning on the date on which a non-discrimination notice came into operation, the Authority satisfies the High Court or the Circuit Court, as the case may be, that there is a likelihood of a further discrimination, contravention or failure referred to in section 62 (1) by the person on whom the notice was served.

(3) The jurisdiction conferred on the Circuit Court by this section shall be exercised by the judge for the time being assigned to the circuit where the person on whom the non-discrimination notice was served ordinarily resides or carries on any profession, business or occupation.

Offence relating to failure to comply with non-discrimination notice.

66. —A person on whom a non-discrimination notice is served who, at any time within the period of 5 years beginning on the date on which the notice comes into operation, does not comply with the notice, shall be guilty of an offence.

Assistance by Authority in connection with certain references.

67. —(1) A person who considers that—

(a) discrimination has been directed against the person by another person, or

(b) he or she has been adversely affected by the failure or refusal by another person—

(i) to comply with an equality clause or an equal remuneration term, or

(ii) to implement a decision, order or determination under this Part or a mediated settlement under section 78 ,

may make a request to the Authority for assistance in taking proceedings in respect of which redress is provided for under this Act.

(2) Where, having considered a request under subsection (1), the Authority is satisfied that the case to which the request relates raises an important matter of principle, or it appears to the Authority that it is not reasonable to expect the person making the request adequately to present the case without assistance, the Authority may at its discretion, and at any stage, provide assistance to the person—

(a) in making the reference or application, and

(b) in any proceedings resulting from or arising out of the reference or application.

(3) Assistance under this section shall be in such form as the Authority at its discretion thinks fit.

(4) Any function of the Authority under this section may be exercised by an officer of the Authority to whom the function is delegated and any such delegation may specify criteria or other guidelines by reference to which the Authority considers that the delegated function should be exercised.