Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

As the Deputy says, the intention of the amendment is to delete the reference to "while respecting diversity and the freedom and dignity of each person" from the function of the commission at section 10(1)(e) which reads: "to work towards the elimination of human rights abuses, discrimination and prohibited conduct, while respecting diversity and the freedom and dignity of each person". I think that respect for diversity and respect for the freedom and dignity of each person is of fundamental importance to the work of a national human rights institution. This is not, I can assure the Deputy and members of the committee, some kind of deep code for allowing certain types of discrimination or human rights abuses to continue. I think that should be clear from the very strong functions we have vested in the commission, as well as from our substantive equality legislation and human rights protections. Simply, it is language that recognises that we exist in a diverse and increasingly diverse society where acceptance of difference and of the rights and freedoms of other people is a cornerstone of the liberties and democracy we all enjoy. As I frequently have said on other occasions in other contexts, we should celebrate difference and embrace it, not fear it. This is a crucial and important point and is very relevant to this particular provision.

I will, however, take a look again at the wording to see if these two important ideas might be expressed in a different way and, if so, I may bring a Report Stage amendment to this paragraph, arising out of the issues the Deputy has raised. I suggest that the Deputy might agree perhaps to hold the amendment back for Report Stage where we can revisit the point. I am certainly happy to reflect on it but I think the approach we are taking accords with the appropriate intent and principles that should be applied by a human rights institution.

The Deputy made the point that it might allow certain individuals to behave in a particular way a majority does not necessarily applaud or approve of or a majority may fear. On occasions, majorities fear difference and they fear people doing things differently or conducting their lives differently when in real terms their so doing poses no threat to the wider community. If anything, while human rights is about protecting the wider community, it is also about protecting individuals and minorities within the global community to ensure that because they are different, they are not oppressed. I think this particular principle sets that out well. As I say, I am happy to reflect on it to see if there is some different phraseology. I should say to the Deputy that this phraseology has been put together with great care based on advice from the Attorney General's office. Having regard to what we are seeking to achieve, it would be quite odd if a body that is not merely a human rights commission but also an equality commission were to interpret this in a manner that would produce the consequences the Deputy suggested.