Dáil debates

Tuesday, 19 May 2015

An Bille um an gCeathrú Leasú is Tríocha ar an mBunreacht (Cearta Geilleagracha, Comhdhaonnacha agus Cultúir) 2014: An Dara Céim [Comhaltaí Príobháideacha]: - Thirty-fourth Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2014: Second Stage [Private Members]

 

7:10 pm

Photo of Seán SherlockSeán Sherlock (Cork East, Labour) | Oireachtas source

On the same date Ireland ratified the 1995 additional protocol to the European Social Charter, which provides for a system of collective complaints.

While the International Covenant on Economic, Social and Cultural Rights has not been incorporated into domestic law, the substance of a number of the rights contained in the covenant is protected by the Constitution and by legislation. Although not cognisable by the courts, Article 45 of the Constitution sets out directive principles of social policy for the general guidance of the Legislature. If we are to move to a situation, and I make a genuine point, whereby this legislation is incorporated such that there is a constitutional referendum, we must be cognisant of the separation of powers is between the Executive, the Judiciary and the Legislature on points of law which might come forward where test cases are made and what the role of the Legislature would be thereafter, or would it be diminished relative to the Judiciary. I make this point in a very genuine way. I know Deputy Pringle in replying to the debate will respond to this.

The Government aims at ensuring that the State's obligations to implement the covenant in Ireland are met through policies aimed at improving the enjoyment of economic, social and cultural rights, including by fighting persistent poverty and social exclusion and recognising that others, including individuals, families and many organisations and bodies, have important responsibilities as well. The means by which the State sets out to meet its obligations in this area is through the allocation of resources.

I will now speak about human rights in the domestic context, notably economic, social and cultural rights in Ireland. Ireland has ratified the instruments referred to above which promote economic, social and cultural rights. Since our last review by the UN Committee on Economic, Social and Cultural Rights in 2002, Ireland enjoyed a period of unprecedented economic growth, followed by an equally acute financial crisis, resulting, as we know, in an international bailout package and more than five years of tough measures. Social transfers were used to mitigate inequality and efforts were made to ensure a minimum core content of rights. Our approach was not to apply blanket reductions to all areas of spending, but rather to reform expenditure in a way that continued to protect, where possible, our society's most vulnerable people to the greatest extent possible within our available resources.

Since taking office in 2011, the Government has been determined to fulfil the mandate given to us by the Irish people to repair the economy and public finances, create jobs and give our citizens confidence in a better future. The scale of the economic crisis we have gone through is unprecedented in Ireland's history. Difficult decisions have been taken and huge sacrifices have been made by the Irish people, but this has not been in vain. The spring economic statement confirms the path that has been taken was the right one. As we now plan for the remainder of this decade, our citizens have every reason to be confident and hopeful about their future. This future will have steady, stable economic growth and more people working in secure and sustainable jobs than ever before in the history of the State. It will be a future of stable public finances that will deliver money in people's pockets, higher quality public services and strategic investment in essential infrastructure throughout the country. These hard-won gains require protecting and securing and building on them for the future is the priority. The facts clearly show the policies of the Government have worked and will continue to work in the years ahead. Our economy is growing at the fastest rate in Europe, by 4.8% in 2014, and the Department is forecasting growth of 4% this year. Steady, stable economic growth of 3.75% on average is forecast for the remainder of the decade.

The spring economic statement is part of a much broader reform of the budgetary framework. The next in this new framework is the national economic dialogue and I refer specifically-----

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