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]

 

7:30 pm

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

The Government has protected the funding allocations for DEIS expenditure, which prioritises the educational needs of children and young people from disadvantaged areas. Budget 2015 provided for an additional 1,700 new posts to be created in 2015, of which 920 will be classroom teachers. Special educational needs have also been prioritised through providing funding for 480 additional extra resource teachers and 365 additional special needs assistants. The Government has overseen improved outcomes in education, with more students taking higher level maths, and increasing literacy rates among our 15 year olds. We are also embracing the skills revolution, adopting strategies to ensure continuous up-skilling and development of our workforce to allow our citizens to be at the forefront of new technology and the creation of high-value jobs.

Ireland is ahead of the EU average in the gender equality index for 2013 and is committed to achieving gender equality. The national women's strategy has enjoyed success in this regard. It has improved women's standard of living and access to health care, increased female participation in education, expanded the provision of early childhood care, and reduced the gender pay gap.

Ireland also endeavours to be a safe and welcoming environment for minorities; one that respects and accommodates diversity in all its forms. There are critiques of that. That is fully acknowledged. The Department of Justice and Equality is engaged in consultation, for instance, with Traveller representatives regarding recognition of Travellers as an ethnic group. It is hoped that a decision on the matter will be reached shortly.

On LGBTI rights, the upcoming referendum on marriage equality is held against the backdrop of several important legislative advances for LGBTI persons in Ireland, including the Gender Recognition Bill 2014 and the Children and Family Relationships Act 2015.

This sets the context for our discussion today about economic, social and cultural rights in Ireland.

The International Covenant on Economic, Social and Cultural Rights, ICESCR, requires states that are party to it to take steps, to the maximum of their available resources, to achieve progressively the full realisation of economic, social and cultural rights. The concept of progressive realisation constitutes recognition of the fact that it will generally not be possible to achieve the full realisation of all economic, social and cultural rights in a short period of time. The reference to resource availability reflects a recognition that the realisation of these rights can be hampered by a lack of resources and can be achieved only over a period of time. Equally, it means that a State's compliance with its obligation to take appropriate measures is assessed in light of the resources, financial and otherwise, available to it.

Even though states may realise economic, social and cultural rights progressively, they must also take immediate action, irrespective of their resources, in five areas: elimination of discrimination; economic, social and cultural rights not subject to progressive realisation; obligation to "take steps"; non-retrogressive measures; and minimum core obligations. If either of the two referenda on Friday pass, it will be the first time that a proposal for constitutional reform put forward by a constitutional convention resulted in actual constitutional change.

I ask the House to reject the Bill, while thanking Deputies Pringle and Healy for putting it forward, because it is important that voice is given to a Bill that seeks to change the Constitution.

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