Ms Emily O'Reilly:

We thank the Chairman and members of the committee for the invitation to appear here this afternoon. I will make a brief opening statement outlining our position on the selection panel and the appointment of the members of the proposed new Irish Human Rights and Equality Commission. My four colleagues, Professor Gerard Quinn, Dr Mary Keys, Professor Gerry Whyte and Ms Sylda Langford, shall in turn make individual statements about their professional involvement in the field of human rights and equality generally. We will then answer any questions that members have which are within our capacity and remit to answer.

Each of us was approached individually by the Department of Justice and Equality over the last number of months to serve as a member of the selection panel for the proposed new IHREC, and each of us agreed to so serve. Our understanding was, and is, that the appointment process would be fully independent and that only in exceptional circumstances, and with reasons given, would the Government refuse to accept a selection panel nomination to the commission. The committee is aware that this marks a significant change from previous practice, under which the Government could pick and choose from a slate of candidates proffered by the selection panel. We had also noted the Minister for Justice and Equality's stated intention to abide by the UN Paris Principles in ensuring the independence and effectiveness of the future commission.

In late July, we met for the first time as a group with two Department of Justice and Equality officials and discussed in general terms the selection process and certain other issues around the proposed creation of the new body. Some of those issues were not within our strict remit but were of interest none the less because of our individual and collective interest in the need to create a well-functioning and effective new institution. Some concerns were expressed by the panel about the absence of any public announcement of our appointment and the senior official at the meeting said that would be done in a number of days, which it was. We concluded the meeting by agreeing a date in early September when the work of the selection panel would formally begin. The Department would have no role other than to provide an official to a panel secretariat. I had also agreed to appoint an official from my office to the secretariat.

On the following day, we came into possession of a letter that had been sent earlier in July to the Minister for Justice and Equality by the UN Deputy High Commissioner for Human Rights in response to the Minister's request for observations on the general scheme of the IHREC Bill. The letter, inter alia, expressed concerns about the transparency of the appointment process for the selection panel. In view of those concerns, the panel members decided unanimously to step aside until further clarity on this matter had been achieved. We wrote to the Minister accordingly.

On 6 September, at his invitation, the panel met with the Minister, the Secretary General of the Department and a number of other officials. The Minister expressed his concern at the delay in making appointments to the interim bodies and stated that the process of consultation with the UN Deputy High Commissioner was ongoing. He stated his commitment to the creation of an independent, effective commission and pointed out the sections of the general scheme which, he said, enhanced the independence of the new body as compared with the legislative provisions governing the outgoing Irish Human Rights Commission in particular.

The panel outlined our concern about the apparent disquiet of the UN Deputy High Commissioner about the appointment of the selection panel and said that it was our wish that the Oireachtas, through this committee, would satisfy itself that our appointment was transparent and that we would act independently. We pointed out, and the Minister agreed, that this approach accords with the so-called Belgrade Principles on the relationship between national humans rights institutions and parliaments, drawn up earlier this year, which have at their core the desire to deepen the engagement of parliament in the creation and the work of human rights institutions. That is why we are appearing before the committee today.

No doubt the committee will have questions about the way in which we might approach our work if our appointment is approved by it. We have not yet had the opportunity to have substantial discussion about this. The guidelines in the general scheme and those put forward by the review group are quite vague but it is very clear to us is that there is a strong desire for some degree of public consultation around the work. There is undoubtedly pressure to have the interim commission appointed and the logistics of public consultation will have to be worked out. However, I speak for all of my colleagues when I say that we have a very strong sense of the importance of the task. Any human rights and equality commission is only as good as its commissioners. Yes, expertise is important, but equally so is the ability to be effective and to know how to use hard and soft power to persuade Governments to live up to their legal and other responsibilities on human rights and equality. We intend to cast a very wide net in order to secure a highly skilled and effective commission, headed by an outstanding chief commissioner. It is also important to appoint a balanced commission that works closely and harmoniously as a team.

I will now briefly outline my own involvement in this area before inviting my colleagues to speak. I have been the Ombudsman and Information Commissioner since June 2003 and am midway through my second term of office. Prior to that I was a political journalist and author. I also serve as an ex officio member of the Standards in Public Office Commission, the Commission for Public Service Appointments and, when they are operational, on the Constituency Commission and the Referendum Commission. I am also the Commissioner for Environmental Information. The institution of the Ombudsman is a recognised human rights body and my office has regular engagement with similar international bodies and with the UN High Commissioner for Human Rights. In 2009, I was awarded an honorary doctorate in laws from the National University of Ireland in recognition of my work in the broad area of human rights through my journalism and my work as Ombudsman. I also serve on the international advisory board of the Nieman Foundation for Journalism at Harvard University and was the first Irish chairperson of the British and Irish Ombudsman Association.