Oireachtas Joint and Select Committees
Wednesday, 8 October 2014
Joint Oireachtas Committee on Justice, Defence and Equality
Irish Human Rights and Equality Commission: Commissioner Designate
10:45 am
Ms Emily Logan:
I am delighted to have been asked to address the committee regarding my nomination as chief commissioner of an enhanced commission, which brings together the Irish Human Rights Commission and the Equality Authority. I will touch on how my experience and background as Ombudsman for Children, as well as the manner of my nomination for the position of chief commissioner, could provide positive models for public appointments and the independent operation of statutory agencies more generally. I will note some of the upcoming priorities and milestones for the commission in the immediate and medium terms, which will be important to ensure the Commission's ability to operate independently and in full compliance with the UN Paris principles and effectively operationalise its broad range of enhanced legislative functions.
Having in place an effective human rights and equality architecture in Ireland is an important requirement of the Good Friday Agreement. More fundamentally, the human rights and equality infrastructure comprises a crucial institutional element of the commitment by the State to uphold the "dignity and freedom" of every individual under our Constitution and the diverse range of international, European Union and Council of Europe human rights and equality treaties Ireland has agreed to be bound by. In undertaking their separate mandates, the Equality Authority and the Irish Human Rights Commission have played important roles in the protection of the rights of some of the most vulnerable groups in Irish society. In recent years, the human rights and equality infrastructure has undoubtedly faced considerable difficulties. This occurred at a time when the financial crisis and austerity measures created hardship for people in a way that raises pressing questions of human rights, justice and equality. In what I believe is a departure from this challenging period and a fresh start for the new commission, I am extremely pleased and honoured to have been nominated as chief commissioner of a new commission.
I would like to take this opportunity to clarify one aspect of a press release that was sent out yesterday. I would like to respectfully mention that today's meeting is not a confirmation hearing, that the commission is not a State board and that this is not a ministerial appointment. I ask the committee to forgive me for being so explicit but it is important, in the context of the current public debate, for people to understand what is happening here today.
My nomination as chief commissioner follows an open competition. It was a transparent and rigorous process run by the Public Appointments Service and it included a series of two separate interviews by a group of international experts in the area of human rights and equality. This process, coupled with the appointment of the existing members of the commission by an independent selection panel, marks a significant change from previous practice for the appointment of the commission. The final stage of the appointment of the commission will follow a resolution by the Houses of the Oireachtas and President Higgins will formally appoint the 15 member commission. Crucially, not least given the ways in which public appointments have dominated public and political debate in recent weeks, I believe the transparent nature of this process is of critical importance to establishing the credibility of the new body with members of the public and the diverse range of various stakeholders, including statutory agencies and civil society. I am eager that the legislative foundation of an independent appointment process will be mirrored by a constructive and positive relationship and engagement between the commission and the Department of Justice and Equality. I am pleased to report that I have had a very positive meeting with the Minister for Justice and Equality who has assured me of her support for the commission and with whom members of the commission will meet later this month.
As Ombudsman for Children and an independent officer of the State for the past ten years, my relationship with the Department of Health and subsequently the Department of Children and Youth Affairs was very positive and there was no interference whatsoever with the independence of my office. I fully expect a similar relationship with the Department of Justice and Equality in my role as chief commissioner and I am confident, having met with senior officials, that this can be achieved through investment in a respectful working relationship.
I wish to underline the importance of the independent functioning of the commission as the Minister and the Department consider their implementation of the recommendations of the Toland report. While this report contains many important recommendations for the improved functioning and transparency of the Department, I am concerned that the calls for enhanced oversight and governance of external organisations should take account of the enhanced independence provided for in the Irish Human Rights and Equality Commission Act. The new commission will have its own Oireachtas Vote in 2015 and will be accountable through its director, the Accounting Officer, to the Committee of Public Accounts. In addition, it will be accountable for its statutory functions through its annual report to the Oireachtas, thereby making the commission effectively accountable to the Oireachtas. This is a further significant and welcome departure from the previous legislative framework and it is vital that the developments arising from the Toland report should not undermine these positive developments.
This leads me to the upcoming renewal of the accreditation of the commission as Ireland's national human rights institution under the UN Paris Principles by the international co-ordinating committee, which determines access to UN committees. I will work hard as chief commissioner to ensure that the new commission will be accredited as an A-status national human rights institution as a matter of priority under the UN Paris Principles and will remain a strong and active member of the European network of national human rights institutions. In a recent resolution on national human rights institutions in its September session, it is noteworthy that the UN Human Rights Council recalled the "importance of financial and administrative independence and the stability of national human rights institutions". The council noted that national human rights institutions should not face any form of reprisal or intimidation, including political pressure or unjustifiable budgetary limitations, as a result of performing their mandates. I am eager to ensure that the commission is granted A-status accreditation and to demonstrate that with the new legislative framework, including the independent appointment of the commission, the Irish Government is beginning a new chapter in its relationship with its national human rights institution, which could potentially act as a model for what is required by the UN Paris Principles.
As chief commissioner, I am eager to develop the links between the commission and the various Oireachtas committees by ensuring that the Irish Human Rights and Equality Commission, IHREC, regularly meets with parliamentary committees as it undertakes its legislative functions. In particular, the Irish Human Rights and Equality Commission has recommended, in the context of its observations on the 2014 Act, that on the parliamentary side a dedicated committee be established to examine equality and human rights matters with structural links to other committees. While this recommendation has not yet been taken up, I believe that such a parliamentary committee is key to further embedding a culture of human rights and equality within the political processes of law-making within the State. The commission would be very eager to collaborate with and inform the work of such a committee. Of particular interest to committee members may be that the relationship between national human rights and equality institutions and parliaments has been elaborated upon in 2012 within the international Belgrade Principles.
I thank the committee for its attention. We very much welcome the opportunity to engage on a regular basis with this committee. I have been in this job for only five days but I can assure the committee members that the feedback I received from individual commissioners has been very positive. They know they are supported by this committee and they are excited that we are operating in a jurisdiction with a cross-parliamentary committee and individuals who are committed to the human rights and equality agenda.