Employment Equality Act, 1998

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.