Thomas Pringle (Donegal South West, Independent) | Oireachtas source

I move amendment No. 14:

In page 34, between lines 22 and 23, to insert the following:“(9) Where a public body has failed to comply with section 42(1) and (2), the Commission shall issue a notice requiring that the public body shall—

(a) comply with the duty, and

(b) supply the Commission, within 30 days from receipt of the notice, with a submission detailing progress to be made for the purpose of compliance with section 42(1) and (2).”.

This amendment arose on Committee Stage. It aims to provide a mechanism whereby when the commission feels that public bodies have failed in their positive duty it can ensure they comply with the requirements under the Act.

On Committee Stage the former Minister said that the threat of being brought before an Oireachtas committee should be enough to ensure a public body complied with the human rights legislation. In the past week or two we have seen how serious that threat is when Secretaries General of Departments can come before a committee and stonewall and not answer any questions. The threat of being brought before an Oireachtas committee is not enough of a deterrent to ensure that public bodies comply with their obligations. There does have to be some enforcement measure to ensure compliance.

In the UK, where regular reviews are carried out, public bodies do not believe that any of their duties cause them to take action which is disproportionate to the benefit of those delivered. They accept that they must comply and there is no additional cost. On Committee Stage the former Minister raised the cost of doing this. The bodies covered in the UK believe that their required duties are effective and positive. We need an enforcement mechanism.

See this speech in context