Dáil debates

Tuesday, 8 April 2014

Irish Human Rights and Equality Commission Bill 2014: Second Stage

 

7:30 pm

Photo of Jerry ButtimerJerry Buttimer (Cork South Central, Fine Gael) | Oireachtas source

I welcome the opportunity to speak today and commend the Minister on another reforming legislative item. The Jesuit Centre for Faith and Justice, an agency for the Irish Jesuit Province, publishes a very interesting magazine and while reading it over the last couple of days, I was greatly struck by a quote from Pope Francis's evangelical letter, Evangelii Gaudiam, the joy of the gospel. In many ways, his comments are a fitting beginning for this Bill's starting point. He speaks about the commodification of human beings and about all of us being put into that kind of commodification. He states:

[T]hose excluded are no longer society's underside or its fringes or its disenfranchised - they are no longer even a part of it. The excluded are not the "exploited" but the outcast, the "leftovers".
Members are now beginning a second phase of this Bill's journey, following on from its pre-legislative scrutiny. From the perspective of human rights and equality, the creation of the proposed new body is a goal and all Members must work collaboratively in this House to see the Bill enshrined, passed and in operation. Moreover, Members will do this not as members of political parties or of none but as citizens operating under a Constitution that supposedly espouses equality and respect for all. Members must promote and work towards protecting human rights at home and abroad.

I commend the Minister not just for this legislation but for his courage in standing up to tyranny abroad and to intolerance at home. Other countries must look at their role and consider how they are espousing human rights and how they are failing to fulfil their international obligations to ensure equality.

Let us look at what is happening in Uganda, Russia and in African countries where there are issues of inequality, lack of respect or lack of decency towards fellow human beings who are of LGBT persuasion or who are women or people of different ethnicities or religions. One could make the point that the persecution of Christians in certain parts of the world needs to be addressed and challenged because if that were to happen in this country, those of us who are Christian would not stand for it and would be unequivocal in our desire to ensure it was stopped. Intolerance of any kind cannot be condoned and allowed to go unchallenged. We must all show respect by our actions rather than paying mere lip service to it.

The new Irish Human Rights and Equality Commission will be profoundly important. As we develop and implement the rights of all citizens and as we strive to reach full equality for those of us who are LGBT and for all people, this commission will play a very important role. I hope that public bodies will also pay due regard to their duties and obligations. As Deputy Durkan said, it is hoped that they will strive to show that they respect human rights and equality and that this will be demonstrated in how they operate, in their use of language and by the delivery of their services.

I was struck by Deputy Niall Collins's comment that this was a dollar and dime Bill. I was the Acting Chairman at the time so I was not permitted to interject or to heckle. Those who criticise this Bill should consider the composition of the board of the commission. I refer to the calibre of its membership. I do not know all the members of the board but those I know, such as Sunniva McDonogh, Mark Kelly and Kieran Rose, are not puppets of a government or a Minister who will do the bidding of the Department of Justice and Equality or take orders from anyone else. These are strong-willed people who have shown by their words and their actions that they stand for human rights and for equality. Is it being said that these people are not independent or motivated by a desire to champion human rights and to ensure the full implementation of equality in our country? Sometimes people oppose for the sake of opposing, just to grab a headline.

The Minister said in his concluding remarks that he was open to the Bill's being improved and amended. We should not begin with the premise that the Bill is flawed because this is a Minister who has worked tirelessly to promote equality and human rights. I was a proud member of the Constitutional Convention, which comprised 100 members, not least because we proposed many different reform measures, one of which relates to the constitutional provision on equality for civil marriage, as the Minister mentioned in his speech. It is my hope that as we prepare for the referendum in 2015 we will have a debate that is positive, constructive, respectful and mindful of all the citizens of our country, no matter what their individual sexual orientation. We deserve to have that debate in a manner that reflects the modern society in which we live.

The Minister is correct to address in his remarks his concern about the treatment in many parts of the world of people who are gay or lesbian. I referred to Africa and Russia, but let us talk about North America, the bastion of freedom and democracy. The way gay people are treated in certain parts of the United States leaves much to be desired. Some of those politicians who profess to be Christian and who profess to support equality and to be against discrimination show by their language and their voting record that they are not fully behind the pursuit of equality and human rights for all the citizens of their country.

I ask the Government to raise at international forums, including at EU level and at the United Nations, the issue of the rights and freedoms of gay people which are being denied in many parts of the world today. Are we to stand idly by as a series of regressive laws in many parts of the world permit discrimination, the suppression of human rights and the denial of equality? Are we to stand idly by and say, "It is fine; that is another continent, a different culture, a different ethos."? What are we to say to a generation of young people who are looking at us if, as a Parliament or as a Government, we refuse to condemn or move to change what is happening in Uganda or Russia, where gay people can be killed or imprisoned and where one can be guilty by association? Harvey Milk fought for freedom in the United States of America. Many people across the continent of Africa are this day fighting for equality. In our country we are now seeing the coming to fruition of the work to bring human rights and equality to the fore. As the Minister said, this is at the core and the heart of what we do as a Government.

The Minister also referred to 38 countries where being gay is a criminal offence. Thankfully, we changed the law in this country in 1993. The Minister is correct when he affirms that there is no room for racism or discrimination in any part of the world.

I commend the Minister on the citizenship ceremonies for those who become Irish citizens. One Sunday after the Fine Gael Ard-Fheis, when walking past the Convention Centre, I saw hundreds of new citizens and their families, full of joy and full of life and vitality, being officially welcomed by their new homeland. It was a wonderful sight.

While canvassing this week I came across people from many different countries who want to vote and who want to participate in the local and European elections. They know about their candidates and what they stand for. They were aware of the differences between parties and policies. They said to me at the doors, "You did not push us away because we were from Poland. You stopped and you asked us for our vote." That is the type of Ireland we want, in which our new citizens can participate and where they feel they are welcome. However, I have a concern about whether the integration strategy in many cities and towns has worked. I wonder what is the view of the new Irish citizens or new immigrants.

What do they think about the Ireland they live in now? What do the Irish people think about the new immigrants who come to our country? It is important that this country has a debate on immigration and our new citizens, because we must have an integration strategy.

I want to pay tribute in the House to a group in Cork called Cois Tine, which operates under the direction of Fr. Angelo Lafferty, an SMA priest in Cork who does so much for integration. He brings together people of all nationalities and ethnicities into a fantastic multi-faith cultural programme where we can all be embraced and feel welcome. If we had the Cois Tine programme in many areas of our country, I do not believe we would have racism, and racist remarks made against people. That happens in our country, and we cannot shy away from that.

I join Deputy Padraig Mac Lochlainn in his condemnation of the article by Brenda Power in today's paper, which was wrong in terms of the Traveller community and what it represents. It fails to understand the ethos and the culture of the Traveller community. There are some Travellers who transgress and break the law, and who must be held to account, but this week I had two young Traveller women in my office who were not violent, aggressive or badly dressed. They did not speak badly. They were like any woman I know. They were concerned about their living conditions, their children's education and holding their family together. They wanted a better life for themselves and their families. What is wrong with that? There is nothing wrong with that. Those young women were no different from any mother I know. The article by Brenda Power sent the wrong message. Those of us who had the privilege of serving as chair of the Traveller accommodation committee in Cork City Council recognise that in many cases Traveller women who were empowered had empowered themselves for the betterment of their families, and their children in particular. That is the reason the language we use is so important.

In welcoming the publication of the Bill to merge the Irish Human Rights Commission and the Equality Authority I am very pleased that one of the first tasks of the Irish Human Rights and Equality Commission, IHREC, will be to review section 37 of the Employment Act. As I stated recently in this House and also at other events, it is very important that section 37 of the Employment Act is changed because is causes a great deal of concern for LGBT teachers. While it has never been tested in the courts, the exemption is at the very least a chill factor for many people, not just those of us who are gay and who worked in the classroom but for those working in religiously owned or controlled workplaces.

In terms of this Government, we have seen the Ministers, Deputy Quinn and Deputy Fitzgerald, being very proactive in the areas of bullying and discrimination. Our approach to bullying and discrimination must be consistent. We cannot accept legislative provisions that potentially facilitate discrimination based on sexual orientation yet correctly ask those same teachers to prevent homophobic bullying. There is an inconsistency in that policy that must be addressed, and I am hopeful this Minister will be the Minister to act on that.

I welcome the opportunity to speak on the Bill. I commend the Minister for his progressive approach. He will be judged as a reforming Minister. A generation to come, a multiplicity of people will thank us for having Alan Shatter as Minister for Justice and Equality and for having a Government that puts human rights and equality at the forefront of its policies. It will be wrong if we allow other countries to be regressive when we are so progressive. We face a twin challenge, which I know this Government will address.

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