Oireachtas Joint and Select Committees

Thursday, 29 June 2023

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Impact of Brexit on the Divergence of Rights and Best Practice on the Island of Ireland: Discussion

Ms Geraldine McGahey:

I will not go as far as to make a comment about whether I have faith. I think that would be outside of my remit but I share the Deputy's concerns. Regarding the survey work the Deputy referred to, the figure of 42% was from a survey result from last year. We have just had the results of our most recent survey.

While I used the figure of 42% in 2022, the committee members may be alarmed to know that the figures for this year show that over half, or 57%, were concerned or very concerned that their equality and human rights would be affected in the future, while 53% felt their rights had already been reduced. On whether rights have been reduced, we are still plotting the divergence of rights and the scope and potential for that. We were all very well aware that there was a gap because Northern Ireland has not had any legislative developments, with the exception of amendments that were imposed by Westminster at times when the Assembly was not functioning. These amendments really came about on foot of EU directives or EU requirements. The only exception has been a private members' Bill on some exceptions for teachers under the fair employment legislation.

On many occasions, we have been at the consultation stage in respect of improvements in our legislation. Inevitably, we get to a stage where there is disagreement between the political parties on some aspect of it. We come to the next hiatus in the life of our Assembly and it does not get progressed, or we come to the end of term and we go into election mode. Then it gets put back into the melting pot of the next programme for government and nothing happens. To take the example of age discrimination back in 2016 or 2017, the Assembly had consulted on reformed or new legislation which would address the potential discrimination for anyone of any age from birth right through. The issue of the timeframe from birth to the age of 16 caused that consultation process to fail. As the political parties could not agree on that, the Assembly came to the end of its term and it went back into abeyance. It still appears on the last programme for government but again there has been no action.

Currently, we have a consultation exercise, which closed approximately ten days ago, on reform to our race law. We welcome that very much because it takes on board most of the recommendations the ECNI has been making for the past 15 years. I do not exaggerate when I say 15 years. We have been making recommendations for law reform for that long. We are being advised by officials within the Department that work is ongoing with political parties to consider the feedback from the various consultation exercises that have been under way to enable a quick win or quick progress should the Assembly get back into functioning mode. We hope that is the case because it will give us some form of improvements to our race law. It also has the potential to deliver on much-needed reformed hate crime legislation, which will go some way to addressing racism. Many other strategies are at the consultation stage.

It is really alarming that so many people from ethnic minorities and migrant communities consider racism to be part of everyday life and do not raise an issue about it. I have embarked on a programme of outreach work across Northern Ireland from Strabane to Armagh, and Lurgan to Ballymena. I have met people from ethnic minority communities. Some of the stories they have told me have been absolutely horrific. They have told me about the things that are said to them, the way they are treated and, more importantly, the confusion that exists in Northern Ireland among the public sector or the public services as to EU settled status, whether people have pre-settled status, a share code, or what that actually means. They continually have to provide evidence of their status. They are charged for services that they are entitled to, or are denied access to such services. I know of a case in which a member of the Roma community was denied treatment in a hospital. A terminally ill person with stage 4 cancer was sent home with paracetamol and was not given treatment. That person had to be moved back to the country from which she came. Her friends and the wider community raised funds to send her home for treatment. That should not happen in a modern society. That is wrong.

There are many issues in terms of racism. Racial profiling at the border is another big issue. We have spoken before about how we get anecdotal evidence of this. We know that the Committee on the Administration of Justice and the North West Migrants Forum apparently are developing some form of database that would allow for real-time recording of incidents. We are on the record as having written to the UK Home Office. My colleague will talk about the work she has done with the Garda on racial profiling. However, we have not made satisfactory progress. We have some examples of where we have supported people to take discrimination cases on racial profiling at the airport and at ports but not on the Border. We would very much welcome any further information. I am conscious I am taking up so much time. I will pass over to my colleagues. I could talk forever on this issue.

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