Seán Kenny (Dublin North East, Labour) | Oireachtas source

I welcome the Bill and I wish to see the merger of the Equality Authority and the Human Rights Commission succeed. I want to see it strengthen and enhance Ireland's institutions for the protection of equality and human rights. Since April 2013, the two existing bodies have been operating as a cohesive unit under the direction of the members designate of the new commission. The existing Human Rights Commission is accredited with the United Nations "A" status as Ireland's national human rights institution. The Equality Authority was established in compliance with a number of EU equality directives. All of this is significant as it demonstrates that Ireland is addressing its human rights obligations within approved internationally recognised structures, including compliance with the Paris Principles, and they have also exceeded best practice standards in regard to EU equality bodies.

I support the Minister in his belief that the stronger legislation base, which the Bill provides, along with the enhanced powers and a wider mandate, will ensure that new commission is well placed to be successful in its forthcoming application to the United Nations to obtain re-accreditation as Ireland's recognised national human rights institution. I also note and very much welcome the measures the Government has taken on a practical level - an additional €2 million was provided for the IHREC in budget 2014 together with an interim staffing complement of 47. That is a reverse of the disproportionate Fianna Fáil cuts to this important area of Irish public policy during the term of the previous Government.

The new commission's enhanced powers and wider mandate will positively influence its capacity to address discrimination and promote equal treatment on all grounds, and to protect human rights in Ireland. For example, a new duty will be introduced obliging public bodies to have regard, in the performance of their functions, of the need to eliminate discrimination and promote equality of opportunity and treatment. The new commission will be explicitly empowered to further support public bodies in meeting their obligations under this duty such as advising on the development of performance measures, operating standards and preventative strategies, as stated in the programme for Government.

The commission will have a power of public inquiry in situations where there is evidence of a serious violation of human rights or equality of treatment obligations or a systematic failure to comply with human rights or equality treatment obligations, as this is a matter of serious public concern. This is of greater importance in the area of direct provision, a system that I believe is deeply flawed and in dire need of reform. It is also useful in terms of penal reform, and while much progress has been made in this regard in the past year or so, I believe more is needed. The commission will be able to influence this further required progress.

It is important to mention that the opportunity this Bill presents is being taken to amend the European Convention on Human Rights Act 2003 to provide for an enforceable right of compensation for a person whose detention is found to be in breach of Article 5 of the European Convention on Human Rights and where the detention was a result of a judicial error. This is a requirement of Article 5, paragraph 5 of the convention. The proposed amendment follows an appeal of a Supreme Court judgment in the DG case to the European Court of Human Rights which found that Ireland is in breach of the convention by reason of not having an enforceable right to compensation in cases where unlawful deprivation of liberty is a result of a judicial error.

I wish to raise, as a human rights issue, the need to outlaw discrimination against people in receipt of rent supplement who are seeking private rented accommodation. This legislation would tackle the unacceptable culture which exists that discriminates against people on economic grounds. I ask the Minister to say how this matter could be addressed by way of legislation.

The Minister for Justice and Equality got a lot of flak last week and Labour Deputies who supported him got some flak also. This legislation is an example of why the Minister, Deputy Shatter, is being supported so strongly. A lot more has been done in the area of human rights than was done under 14 years of Fianna Fáil Administration. I am pleased to be a part of that as a Member of this House and also a member of the Committee on Justice, Defence and Equality. On a final note, I utterly deplore the attack on the Minister's home last week.

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