Equal Status Act, 2000

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Enforcement of decisions and mediated settlements.

31.—(1) If a person who is bound by the terms of a decision of the Director under this Part fails to comply with those terms, then, on an application under this section, the Circuit Court shall, subject to section 32 , make an order directing the person affected to carry out the decision in accordance with its terms.

(2) If a person who is a party to a settlement to which section 24 applied fails to give effect, in whole or in part, to the terms of the settlement, then, on an application under this section, the Circuit Court may make an order directing that person to carry out those terms or, as the case may be, the part of those terms to which the application relates, but the Circuit Court shall not, by virtue of this subsection, direct any person to pay any sum or do any other thing which (had the matter been dealt with otherwise than by mediation) could not have been provided for by way of redress under section 27 .

(3) An application under this section may not be made within 42 days of the date of the decision or the date of the written record of the settlement, as the case may be.

(4) An application under this section may be made—

(a) by the complainant, or

(b) where the Authority is not the complainant and it considers that the decision or settlement is unlikely to be implemented without its intervention, by the Authority with the consent of the complainant.

(5) On an application under this section, the Circuit Court shall exercise its functions under subsection (1) or (2) on being satisfied of—

(a) the existence and terms of the decision or settlement, and

(b) the failure by the person affected to comply with those terms.

(6) Without prejudice to the power of the Circuit Court to make an order for costs in favour of the complainant or the person affected, where an application is made by the Authority by virtue of subsection (4), the costs of the Authority may be awarded by the Circuit Court.