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Submission to the Commission for Taxi Regulation National Consultative
Committee on Racism and Interculturalism (NCCRI) March 2005
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1. Introduction The National Consultative Committee on Racism and
Interculturalism (NCCRI) was established in 1998 as an independent expert
body focusing on racism and interculturalism. The NCCRI is a partnership
body which brings together government and non-government organizations, and
is core funded by theDepartment of Justice, Equality and Law Reform. Further
information is available from www.justice.ie. There have been high profile
cases relating to the provision of taxi services to minority ethnic groups
in other jurisdictions, however to date this issue has not received
significant attention in the Irish context.1The NCCRI believes that the
Commission for Taxi Regulation has provided a timely opportunity to
exploreissues relating to private service provision in an intercultural
Ireland, and welcomesthe opportunity to contribute to its deliberations. The
provision of taxi services has the potential to play a positive part in the
fight against racism in Ireland. Taxi drivers have significant interaction
with members of the public, both in terms of minority ethnic groups, as well
as the majority population. Taxi services also have a direct impact on
perceptions of Ireland by tourists. The NCCRI is concerned that negative
experiences in this sector have the potential to undermine the life
experience of minority ethnic groups and are detrimental to the promotion an
intercultural Ireland. In preparing this submission the NCCRI has drawn on
consultations with partner organisations and its experience in working on
issues of anti-racism in Ireland.2This paper represents a preliminary
analysis of some of the key issues; it is not intended as a comprehensive
analysis of all the challenges facing the operation of small public service
vehicles (SPSVs) in an intercultural Ireland. This paper has been divided
into four main parts. The first considers the recently launched National
Action Plan against Racism and its significance for thedevelopment of
intercultural service provision in the private sector. The second section
provides a brief overview of the relevant provisions of the existing
legislative framework for anti-discrimination. The third section raises a
number of issues of concern, these include: racism directed at taxi drivers;
access to services; racist incidents involving service providers; and the
role of taxi drivers inpromoting interculturalism. The final part of the
report will make a number of broad recommendations for consideration by the
Commissioner for Taxi Regulation. 1Perhaps one of the most high profile
cases has been that of the actor Danny Glover in New York. In Demark there
has been significant public debate on this issue in the context of a number
of discrimination cases, and a case which is currently pending before the
European Court of Human Rights. 2In particular the NCCRI acknowledges the
contribution of the Irish Traveller’s Movement, Pavee Point Traveller’s
Centre, the Immigrant Council of Ireland, and the Migrant Rights Centre
Ireland inthe development of this preliminary paper. 2
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2. National Action Plan against Racism (NPAR) We must ensure that our
society does not indulge baseless prejudice but rather promotes the need to
maintain communities where we canlive in harmony with our neighbours and
take full advantage of the many opportunities that diversity brings.3On 27
January 2005 the Government launched ‘Planning for Diversity: The National
Action Plan Against Racism’. Copies of the Plan are available from the Equal
Status Unit in the Department of Justice, Equality and Law Reform, or from
the web at: www.justice.ie. The NPAR originates from commitments given by
Governments at the UnitedNations World Conference Against Racism in South
Africa in 2001. The decision to develop the NPAR was further reaffirmed in
the Social Partnership Agreementfor 2003-2005. The emphasis throughout the
Plan is on developing reasonable and common sense measures to accommodate
cultural diversity in Ireland. The overall aim of the NPAR is to provide
strategic direction to combat racism and to develop amore inclusive,
intercultural society in Ireland based on a commitment to inclusion by
design, not as an add-on or after thought and based on policies that
promoteinteraction, equality of opportunity, understanding and respect. The
Plan was informed by a twelve-month public consultation process, overseen by
a national steering group established under the aegis of the Department of
Justice, Equality and Law Reform which involved a wide range of key
stakeholders from Government bodies, the social partners and broader civil
society, including cultural and ethnic minorities. The Plan outlines an
intercultural framework which will underpin the overall approach to its
implementation. The Framework is summarised in Table 1. Table 1: Summary of
the Intercultural Framework underpinning the NPAR Protection: Effective
protection and redress against racismInclusion: Economic inclusion and
equality of opportunity Provision: Accommodating diversity in service
provision Recognition: Recognition and awareness of diversity Participation:
Full participation in Irish society The Plan will be monitored though a High
Level Strategic Monitoring Group and will be supported by the Department of
Justice, Equality and Law Reform. The Plan will be funded in three ways: •
Refocusing of existing resources though the development of an intercultural
dimension to mainstream public policy. 3Mr. Michael McDowell, TD, Minister
for Justice Equality and Law Reform at the launch of the National Action
Plan against Racism, 27 January 2005,http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ693DQE-en
(28 January 2005)3
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• Identification of specific resources within the annual budget process for
theimplementation of the Plan. • The commitment to realize aspects of the
NPAR as resources becomeavailable. 2.1.Service Provision While the primary
target of the NPAR is the government, the Plan does provide a context for
enhancing the provision of services to minority ethnic groups in the private
sector. Objective 3.4 of the Plan is to “Develop the ‘business case for
diversity’ in the private sector”. The NPAR states that: There is a growing
awareness among the private sector in Ireland of thebusiness case for
accommodating cultural diversity both in terms of human resource policy and
tailoring the provision of goods and services to reflect the increasingly
diverse customer base that exists both within Ireland and in wider European
markets.4The Plan also points out that recent surveys highlight the need for
greater awareness in the private sector to the obligations required under
the equality legislation. 3. Existing legal framework Ireland has a
relatively new anti-discrimination legislative framework, which is primarily
comprised of the Employment Equality Acts 1998 and 2004, and the Equal
Status Acts 2000 and 2004. In Ireland there are nine protected grounds under
the equality legislation: gender, marital status, family, sexual
orientation, religion, age, disability, race andmembership of the Traveller
community. The race ground refers to discriminationon the basis of a
particular race, skin colour, nationality or ethnic origin. The Traveller
community ground refers to people who are commonly called Travellers, who
are identified both by Travellers and others as people with a shared
history, culture and traditions, identified historically as a nomadic way of
life on the island of Ireland. The religion ground refers to discrimination
on the basis of different religious belief, backgrounds, outlook or none.
Discrimination has a specific meaning in the Acts. Discrimination is
described as the treatment of a person in a less favourable way than another
person is, has been or would be treated in a comparable situation on any of
the nine grounds. There are different types of discrimination covered by the
Acts including indirect discrimination, discrimination by imputation and
discrimination by association.54Planning for Diversity – The National Action
Plan Against Racism, p. 101 5Equality Authority (2004), Guide to the
Employment Equality Acts 1998 and 2004, available at:http://www.equality.ie/stored-files/PDF/The%20Employment%20Equality%20Acts%201998%20and%202004.pdf4
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The equality legislation imposes vicarious liability. This means that
employers are liable for discriminatory acts of an employee in the course of
his or her employment, unless they can prove that they took reasonably
practicable steps to prevent the conduct.63.1.The Employment Equality Acts
1998 and 20047Broadly the Employment Equality Acts: promote equality;
prohibit discrimination (with some exemptions) across nine grounds; prohibit
sexual harassment and harassment; prohibit victimization; require
appropriate measures for people with disabilities in relation to access,
participation and training in employment; allow positive action measures to
ensure full equality in practice across the nine grounds. The Act covers
both public and private sector employment. The aspects of employment which
are covered include: advertising; equal pay; access to employment;
vocational training and work experience; terms and conditions of employment;
promotion or re-grading; classification of posts; dismissal; and collective
agreements. 83.2.The Equal Status Acts 2000 and 20049The Equal Status Acts
2000 to 2004 are intended to: promote equality; prohibit certain kinds of
discrimination (with some exemptions) across nine grounds; prohibit sexual
harassment and harassment; prohibit victimisation; require reasonable
accommodation of people with disabilities; allow a broad range of positive
action measures.10The Acts apply to people who: buy and sell a wide variety
of goods; use or provide a wide range of services; obtain or dispose of
accommodation; attend at or are in charge of educational
establishments.6Equality Authority (2004), Guide to the Employment Equality
Acts 1998 and 2004, available at:http://www.equality.ie/stored-files/PDF/The%20Employment%20Equality%20Acts%201998%20and%202004.pdf7The
Equality Act 2004 seeks to implement the provisions of Council Directive
2002/73/EC of 23September 2002 amending Council Directive 76/207/EC on the
implementation of the principle ofequal treatment for men and women as
regards access to employment, vocational training andpromotion and working
conditions [2002] OJL2 69/15; Council Directive 2000/78/EC of 27November
2000 establishing a general framework for equal treatment in employment and
occupation[2000] OJ L 202/10 Council Directive 2000/43/EC of 29 June 2000
implementing the principle ofequal treatment between persons irrespective of
racial or ethnic origin [2000] OJ L180/22). 8Equality Authority (2004),
Guide to the Employment Equality Acts 2002 and 2004, available at:http://www.equality.ie/stored-files/PDF/The%20Employment%20Equality%20Acts%201998%20and%202004.pdf9In
relation to the Equal Status Act 2000, the Equality Act 2004 seeks to
implement the EU Race Directive. See footnote 6. 10Equality Authority
(2004), Guide to the Equal Status Acts 2000 and 2004, available from:http://www.equality.ie/stored-files/PDF/The%20Equal%20Status%20Acts%202000%20and%202004.pdf5
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People cannot discriminate (subject to certain exemptions): when they are
providing goods and services to the public (or a section of the public);
whether these are freeor where the goods and services are sold, hired or
rented or exchanged; access to and the use of services is covered. A service
as defined under the Acts includes: • Banking, insurance, grants, loans,
credit or financing; • Entertainment, recreation or refreshment; • Cultural
activities; • Transport or travel; • A service or facility provided by a
club (which is available to the public or a section of the public); • A
professional trade or service.113.3.The Prohibition of Incitement to Hatred
Act 1989 The use of words, behaviour or the publication or distribution of
material which is threatening, abusive or insulting and are intended, or are
likely to, stir up hatred are prohibited under the Prohibition of Incitement
to Hatred Act 1989. The Prohibition of Incitement to Hatred Act, is
currently being reviewed in the Department of Justice, Equality and Law
Reform with a view to improving its effectiveness. 4. Issues of concern in
the provision of taxi services in an intercultural Ireland While there have
not been a large number of racist incidents recorded in the provision of
taxi services, incidents that have been recorded, and anecdotal evidence
give rise to concerns across a number of key areas. These include: racist
abuse directed at taxi drivers from minority ethnic groups; access by
minority ethnic groups to taxi services; racist incidents involving taxi
drivers; and promoting interculturalism. 4.1.Racist abuse directed at taxi
drivers Preliminary consultations would suggest that there is not a
significant number of individuals from minority ethnic groups working as
taxi drivers in Ireland, however there are some tentative indications that
those who are do have problems, both in terms of abuse from their clients,
but also from colleagues. For example in itsreport covering the period from
May to October 2004 the NCCRI noted media reports “that a ‘Lotto winner’
allegedly spat at an African taxi driver and called him‘a black
bastard’”.1211Equality Authority (2004), Guide to the Equal Status Acts 2000
and 2004, 12In May 2001 the NCCRI established a system for recording
incidents related to racism in Ireland. Incidents are analysed and compiled
into six monthly reports. There have been seven reports to date. The
incidents included in this report have been forwarded by non- governmental
organisations onbehalf of the victims, including key organisations working
with Travellers, refugees and asylumseekers and migrants; other incidents
have been reported directly to the NCCRI by the victims. The data that is
generated by this reporting system is primarily qualitative and indicative
of key issues that need to be addressed. The reports also notes incidents
which are reported in the media. 6
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One suggestion made to the NCCRI is that there may be a perception
amongstmajority population taxi drivers that drivers from diverse
backgrounds may not be sufficiently familiar with the Irish context to
effectively do their jobs. Drawing on experience from other sectors it may
be feasible that real or perceived competition in the sector gives rise to
prejudice against the more vulnerable groups in society. However
explanations of discrimination and racism are never simple and this is
anarea which may require further analysis. 4.2.Problems relating to minority
ethnic groups accessing taxi services Problems have been documented
concerning access to taxi services by minorityethnic groups. In particular
difficulties are experienced by visible minorities andgroups who can be
identified by means of their location (housing). For example in its racist
incident monitoring report covering the period from May to October 2002 the
NCCRI recorded an incident where a “South African national reported that a
taxi driver had refused her access to his cab without giving a reasonand
proceeded to allow the next person access to the cab”. In addition many
members of the Traveller community have experience of being refused taxis.
In some cases members of the majority community have been offered a taxi
ahead of Travellers at taxi ranks. Traveller organisations have also noted
difficulties in accessing taxi services where an individual lives on a site
or grouphousing scheme. For example since the recent difficulties at Dunsink
Lane, taxidrivers have expressed an unwillingness to collect from that area
due to safety concerns. The NCCRI acknowledges that drivers may have
legitimate safety concerns however these should not be used to conceal
underlying discrimination or prejudice against minority ethnic groups; a
balance must be struck between the rights and responsibilities involved.
4.3.Racist incidents involving taxi drivers Organisations which work with
minority ethnic groups have come across cases where members of minority
ethnic groups have experienced racist comments from taxi drivers, however
preliminary investigations would indicate that this practice isnot common.
For example the Irish Traveller Movement (ITM) has reported to the NCCRI
that there have been cases where comments from taxi drivers have lead
todifficulties. There is a danger that where racist incidents, by taxi
drivers, occur that these will gounchallenged; either through fear that the
individual will be asked to leave the taxi,or as a consequence of the
temporary nature of the contact between the client and the driver. There is
some anecdotal evidence which suggests that taxi drivers play a role in
reinforcing myths and misinformation about minority ethnic groups in
Ireland.That is not to suggest that these views are disproportionately
represented amongsttaxi drivers in relation to the general population,
however it does highlight the importance of awareness raising work with taxi
drivers given their level of7
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engagement with the general public. A vociferous minority of taxi drivers
appear to be creating environments which are uncomfortable for both minority
ethnic groups and members of the majority community who do not share their
views. 4.4.Promoting interculturalism Like all members of society taxi
drivers have a role to play in promoting an intercultural Ireland. The NCCRI
is aware that many drivers play a very positive role in the fight against
racism in Ireland. For example in its report covering the period from May to
October 2002, the NCCRI noted that: “In the case of a womanof Asian ethnic
origin who was attacked by a group of youths in Dublin city centre, a taxi
driver and a group of bystanders came to her assistance and the taxi driver
drove her home.” In its consideration of the regulatory framework for SPSVs
and their drivers, a consumer orientated approach should recognise the
importance of developing an intercultural approach to service provision in
the private sector. 5. Recommendations As a group representative of society,
taxi drivers have both a negative and positive role to play in anti-racism
and promoting interculturalism in Ireland. In terms of the development of a
regulatory framework for the control and operation of SPSVs andtheir
drivers, to ensure quality consumer oriented service, the NCCRI
wouldrecommend that the Commission for Taxi Regulation give consideration to
the following: 1. Promote research in order to quantitatively ascertain the
significance of racism and discrimination in the control and operation of
SPSVs. 2. Promote anti-racism awareness training amongst taxi service
providers in order to enhance their understanding of their role and
responsibilities under the equality legislation; and to promote awareness
and understanding of myths and misinformation concerning minority ethnic
groups in Ireland. Such training could be included in the procedure for
providing licenses to taxi drivers.3. Coordinate the drafting of a code of
practice with taxi drivers and theirrepresentative bodies. A summary version
of this could be displayed in taxis with contact information should the
passenger wish to make a complaint. 4. Any complaints and quality assurance
procedure should include a specific reference to anti-racism and the need to
promote interculturalism. For further information contact: Philip Watt,
Director or Anna Visser,Research and Policy Officer, NCCRI, Tel: 01 8588004,
email: anna@nccri.ie. 8
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