Finian McGrath (Dublin North Central, Independent) | Oireachtas source

I thank the Cathaoirleach for the opportunity to speak on this new piece of legislation, the Irish Human Rights and Equality Commission Bill. I welcome this important debate, as we must be vigilant about human rights and protect our citizens at all times. This Bill is relevant to what has happened in recent weeks, as we have regularly seen the rights of people being trampled on, whether the person involved is a whistleblower, a person with a disability, a victim of crime, a Member of the Oireachtas or a child in a preschool in Darndale threatened with closure because the Government cannot find €100,000 to fund that fantastic child care service. I stand for these human rights issues and the rights of these young children in particular. If the Government is to put flesh on this Bill, it must focus on Government and public bodies that do not deliver on the human rights and equality agenda. If this is not done on the ground, the Bill will be an irrelevant sham. I urge the Minister to deal with the issue of delivering on human rights in this State.

I previously mentioned children with special needs and those who need assistance. There are 15,776 children waiting for speech and language assessment and, altogether, 1,639 children have waited for more than a year for an initial assessment for speech and language problems. I raise the human rights of these children, who have waited months for assessment by a HSE speech and language therapist.

The Irish Human Rights and Equality Commission Bill 2014 provides for the establishment of a new body to protect and promote human rights and equality – the Irish Human Rights and Equality Commission, IHREC. It dissolves two existing organisations, the Irish Human Rights Commission and the Equality Authority. Staff of the two organisations will transfer to the new body and be civil servants of the State. I commend the fantastic work done by Mr. Niall Crowley on equality and human rights.

The Irish Human Rights Commission, IHRC, was established on foot of the Good Friday Agreement which requires the Government to ensure "at least an equivalent level of protection of human rights as will pertain in Northern Ireland". The primary duty of a human rights body is to hold the State to account inupholding human rights. All members of the Opposition should recognise that it is our duty to hold the State and the Government to account. The IHRC is accredited with the highest A status by the United Nations which measures national human rights institutions against international benchmarks known as the Paris Principles. We need to ensure the Good Friday Agreement is implemented in full. This is linked with human rights. I am very concerned, however, that the Bill undermines the Agreement. There has been horrific sectarianism in recent weeks in parts of Belfast where the minority is under threat. Politicians such as Anna Lo and Naomi Long have been attacked and abused for the stance they have taken and the silence down here in many quarters has been deafening. Even today there was an attack on the home of the Minister for Justice and Equality, Deputy Alan Shatter. While the Minister and I would not share a political ideology, I totally and utterly condemn what happened at his home this morning. It was unacceptable. We all have political differences, but there is no room for threats, bomb threats, sectarianism or racism. I unconditionally condemn and deplore the attack on the Minister’s house.

In addition to sectarianism and racism, we must also consider age as a ground for equality legislation. Many senior citizens feel believe they have done their bit, but they are being ignored and discriminated against. Membership of the Traveller community is another. There have been attacks on Travellers, young men and women, and houses burned out. This problem is getting worse. We are dealing positively with equality in respect of sexual orientation. I commend the proposals and urge people when the referendum is held to implement what they believe in. We want to build a modern, inclusive Ireland in which everybody is respected and enjoys difference and diversity. That is equality.

Equality legislation must also take account of disability. Tens of thousands of people with physical and intellectual disabilities are not yet part of mainstream society. We have moved a long way, but that does not mean we should stop. We have to ensure their rights and services are protected. When we debate issues such as the carry-on at the Central Remedial Clinic or Rehab, we should not take our eye off the ball and forget people with disabilities. We should not be distracted by others in respect of cuts to these services. This should be part of the legislation.

The regulatory impact assessment of the Bill states the merger is expected to save in the region of €500,000. The Department has stated these moneys will be available to support the core work of the new commission. I hope that will happen.

While it is important that the Bill cover the human rights of people with disabilities, gay people and senior citizens, we must broaden it out to the international level. The United Nations was founded in 1945 after the Second World War and now has 193 member states. According to its website:

The UN has 4 main purposesTo keep peace throughout the world;

To develop friendly relations among nations;

To help nations work together to improve the lives of poor people, to conquer hunger, disease and illiteracy, and to encourage respect for each other’s rights and freedoms;

To be a centre for harmonizing the actions of nations to achieve these goals.

We must also ensure these rights are included at international level. Every independent state such as Ireland, with an independent foreign policy, needs to ensure it acts as an honest broker in conflicts. I commend our soldiers and many extended family members and friends who have served in the United Nations and done a magnificent job of peacekeeping.

Section 12 sets out the membership of the commission and provides that it will consist of not more than 15 and not less than 12 members, a sensible number, one of whom will be the chief commissioner. There must be equal representation of men and women and each member will hold office for no more than five years. I welcome this because it ensures equality between men and women and five years is a sensible term. Seven appointed members will be appointed for a three year term and the remaining eight members, including the chief commissioner, will be appointed for a five year term. A person appointed to the Human Rights Commission on 16 April 2013 may be appointed a member of the commission. Section 13 outlines the appointment process for membership of the commission. It is important for it to be open and transparent and that high quality people join the commission.

We must examine closely our law and international law. Ireland has a dualist approach to international law which treats domestic and international law as two different and separate systems of law. This is provided for under the Constitution by way of Article 29.6 which provides: “No international agreement shall be part of the domestic law of the State save as may be determined by the Oireachtas”. I strongly support this Article. International treaties signed and ratified by Ireland do not automatically become part of the domestic law of the State. In order to be enforceable and binding at domestic level, such treaties must be domestically incorporated, either by way of an Act of the Oireachtas or as an amendment to the Constitution. I like to see the Oireachtas take a strong view on this position.

The explanatory memorandum to the Bill states:

The main purposes of the Bill are to:

provide for the establishment of the Irish Human Rights and Equality Commission;

to provide for the dissolution of the Human Rights Commission and the Equality Authority [the issue of concern to some of us] and the transfer of their functions to the new Commission...

When the Labour Party was in opposition, it jumped up and down about this section, but it is very quiet now. Its positive aspect is that it also aims to:

strengthen and enhance the powers of the new Commission;

introduce a positive duty on public bodies to have due regard to human rights and equality.

If we do even half of what is provided for in this legislation, we will have a chance to create a modern, inclusive, progressive country. That is important for public bodies dealing with human rights and equality issues. We should broaden it to include not only public and civil servants but also Members of the Oireachtas and city councillors.

The new commission is being established to be recognised by the United Nations as Ireland’s national human rights institution and there are many good points in the legislation. I have mentioned my concerns.

It is important to deal with human rights from a legislative point of view but we must also implement policies on the ground. If we respect people from different backgrounds and create a society built on equality and respect for human rights, there will be a positive vibe within the State and violence and injustice will be reduced. However, we must start at an early age. I referred earlier to the pre-school in Darndale which is looking for €100,000. That is a classic example. The school's 260 disadvantaged pupils need this service and an early intervention will cost the State less in the long term.

I welcome the debate on this Bill but I have concerns about certain provisions. As I am aware that the Government has the numbers to pass it, I urge the Minister to ensure the positive parts of it are implemented at the earliest opportunity.

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