Ms Sin?ad Gibney:

I thank the Senator for her questions around the public sector equality and human rights duty, and for her comments on the performance of the commission more generally. I will give the committee a bit more detail about the duty and how it is set out. It is in our founding legislation, the 2014 Act. It has been an obligation on public sector bodies now for eight years. We have strategically taken on more of the education, support and guidance function of our role to date, with a view to working with the public sector, making sure that people understand we are not expecting things to change with the click of a finger. Our intention is to help them with case studies, e-learning modules and training built into OneLearning. We are looking at all the different ways in which we can fulfil our mandate to provide education, support and guidance to the public sector to develop what is required.

We are strategically moving towards more of an enforcement role. That would have happened a little earlier were it not for the pandemic. That is where we are now. There is an obligation to report on all public sector bodies but that is not necessarily an obligation to report to us. One of the things that is a problem is that responsibility has not been taken by central government for the duty. We are seen as the body that deals with the duty. We have a role in enforcement and providing guidance but central government must take responsibility for promoting and holding to account the organs of the State and all public sector bodies in compliance with the duty. We have, for example, requested multiple times a circular containing guidance. We have come up against a limitation in terms of our influence in the absence of that central governmental direction.

Regarding the legislation and enforcement powers, what we have are equality reviews and action plans that are specific to the public sector duty. We will be able to use those to better enforce the duty where we see shortcomings. We have a very low rate of full compliance at the moment. We will be more active in that space in the coming years. We know there are limitations within the 2014 Act. In comparison with other jurisdictions, such as the UK, we do not have the same level of judicial review. Nonetheless we have plenty of room to grow, to test the boundaries and to push for enforcement.

Part of it is also a matter of public awareness. I encourage the committee members, as public representatives, to let their constituents know that this duty exists. I know some of the committee members are active and positive in promoting the duty. Local councillors do so as well. One of the areas where it is most relevant is at local authority level. The general public needs to learn more about the duty and we can, and will, definitely play a part in raising public awareness. I emphasise that we are not the sole guardians of the duty although we play certain roles. It must be adopted at a more complete level by central government.