David Stanton (Cork East, Fine Gael) | Oireachtas source

I thank Deputies for the wide range of arguments and analyses put forward in this debate. This is an important debate which addresses our common desire to see the economic, social and cultural well-being of all our citizens looked after. There is no doubt that this is a priority for all parties represented in the House.

The advancement of human rights is at the centre of Ireland's values and foreign policy. For this reason, we can take very seriously our engagement with international human rights institutions. Ireland has been actively engaged with the United Nations Committee on Economic, Social and Cultural Rights precisely because we believe the rights enshrined in the International Covenant on Economic, Social and Cultural Rights are essential to ensuring a life of dignity for all Irish citizens. In June 2015, Ireland was reviewed by the UN Committee on Economic, Social and Cultural Rights which welcomed the significant steps made in this State, including the referendum on marriage equality and the establishment of the low pay commission and Irish Human Rights and Equality Commission. Most recently, as Deputies will be aware, the Taoiseach announced the recognition of Travellers as an ethnic group. Ireland also underwent a peer review through the universal periodic review mechanism in the United Nations in May 2016. The United Nations treaty monitoring bodies play an important role in holding states to account and the Government will continue to actively engage with them.

By signing and ratifying the International Covenant on Economic, Social and Cultural Rights, Ireland has already agreed to progressively achieve the full realisation of these rights. The core question for debate is how these rights are best given effect. As previously outlined, the Government is firmly committed to promoting the economic, social and cultural well-being of our citizens and we have made significant progress in advancing these policy priorities. This is seen across all relevant areas, from creating steady, stable economic growth and reducing unemployment to its lowest level since 2008 to putting the finishing touches on the new Traveller and Roma inclusion strategy, which will be published shortly, and providing a system of social transfers which remains among the most effective in Europe. This demonstrates the effective role of the Parliament and Government in advancing the economic, social and cultural well-being of citizens through the annual allocation of resources and development of national policies.

While the international covenant has not been incorporated into domestic law, the substance of a number of the rights contained in it is protected by the Constitution and legislation. The right to education, for example, is recognised as a fundamental right in the Constitution. There is no doubt that the question of the suitability of the Constitution as a vehicle for providing for the detailed rights provided in the International Covenant on Economic, Social and Cultural Rights is a significant question that requires careful consideration. For example, the incorporation of the covenant in the Constitution would have the effect of transferring to the Judiciary the power to review decisions of the Government and Oireachtas affecting the allocation of resources. Decisions on resource allocation and taxation are at the heart of the politics of democracy and, as legislators, we all have a fundamental responsibility to make these decisions. Placing them beyond the control of the Government and Oireachtas and under the aegis of the courts would result in the electorate losing its say on issues such as the maximum level of resources the State should deploy at any particular time or what competing priorities would utilise available resources. This is one of the reasons the Oireachtas committee needs to give serious and detailed consideration to these proposals.

The State has learned several lessons in recent years on which it would be appropriate to draw today. First, through the economic and fiscal crisis, when Ireland's underlying general Government deficit reached more than 30% of GDP, we learned that sustainable public finances are necessary to be in a position to provide the necessary social supports and deliver essential services. In 2016, the three key areas of health, education and social protection accounted for more than 80% of gross voted current expenditure. As set out in the expenditure report 2017, real increases in public expenditure can continue to be made on a sustainable basis to deliver on economic priorities and the social goals of a fairer and more inclusive society. Second, the Constitution, as the bedrock of our legal system, displays the progressive and inclusive convictions of the nation's founders, which have fostered generations of Irishmen and Irishwomen with a respect for human dignity.

At this point, it is unclear what this amendment could mean from both a resource and expenditure perspective. Amending the Constitution to enshrine such rights could affect the ability of the Government and Oireachtas to allocate, prioritise and reprioritise expenditure to best meet social policy objectives. The decision we are faced with today is not a matter of whether we support the provision of these rights, but how that provision is best implemented. As promised in A Programme for a Partnership Government, the recommendations made in the eighth report of the Constitutional Convention, particularly on the balance of rights, proper governance and resources, will be referred for consideration to the new Oireachtas committee on housing. For this reason, the Government will vote against the Bill. In the meantime, we will maintain our focus on developing policies and legislation, which will most effectively realise the rights set out in the International Covenant on Economic, Social and Cultural Rights.

Ireland signed the optional protocol to the international convention in 2012 but has not yet ratified it. The optional protocol will provide for victims of violations of the rights under the convention to have access to a complaints procedure. The question of ratification of the optional protocol will require considerable examination across all Departments.

The Government is committed to ratification of the UN Convention on the Rights of Persons with Disabilities as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the convention are first in place. We will shortly finalise and publish a new national disability inclusion strategy under the aegis of the Minister of State, Deputy Finian McGrath.

The European Convention on Human Rights Act was enacted by the Oireachtas in 2003 to give further effect to the European Convention on Human Rights in Irish law. The Act contains some of the rights provided for in the International Convention on Economic, Social and Cultural Rights and, therefore, is an example of existing legislation which protects those rights. The brevity of the international convention is both its strength and weakness. By enshrining the covenant in the Constitution, we would place decisions on resource allocation and taxation issues, which are at the heart of democracy, beyond the control of the Government and Oireachtas and under the aegis of the courts. It is unclear what implications this would have.

I thank again Deputy Pringle for introducing this important Bill for debate. When I was Chairman of the Committee on Justice and Equality we established a sub-committee on human rights in the justice and equality area. Many parliaments have committees which deal specifically with human rights and perhaps we should consider doing likewise. This is an important and welcome debate. Unfortunately, however, the Government will not be in a position to support the Bill for the reasons outlined.

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