Colm Brophy (Dublin South West, Fine Gael) | Oireachtas source

I move amendment No. 1:

To delete all words after "That" and substitute the following: Dáil Éireann resolves that the Thirty-Seventh Amendment of the Constitution (Economic, Social and Cultural Rights) Bill 2018 be deemed to be read a second time this day eighteen months, to allow for greater analysis of the complex issues concerned and for such considerations to be taken into account in further scrutiny of the Bill.

I thank the Independent Deputies for facilitating this debate and, in particular, Deputy Pringle, the sponsor of the Bill. The issues we are discussing today involve every Department. I will endeavour to address them on behalf of the Government.

Some of us will recall previous Private Members' debates on this Bill. The position then, as now, remains that the matter is immensely complex, involving a huge breadth of policy areas right across government. On the latest occasion, the Government indicated that the Oireachtas housing committee would be asked to consider the Eighth Report of the Convention on the Constitution, which examined the question of economic, cultural and social rights. The convention report noted that more than 40% of convention members believed the issue should be referred elsewhere for further consideration of the implications of possible reforms. Unfortunately, the Oireachtas housing committee, which has been particularly busy over the past few years, did not have an opportunity to undertake the analysis requested so the need for such detailed scrutiny remains. While this is undoubtedly a short Bill, it has potentially very significant consequences. The amendment proposed by the Government would allow time and space for detailed analysis to take place while ensuring the Bill can come before the House again in 18 months. It is my hope and expectation that when the Bill returns to the Legislature, we will be in a better position to debate it, hopefully with the pandemic, which by necessity dominates so much of the work of the Government today, behind us.

The Bill proposes to incorporate the International Covenant on Economic, Social and Cultural Rights into Article 45 of the Constitution and to mandate the implementation of the covenant, subject to maximum available resources, under the supervision of the courts. The covenant, as Deputies will be aware, is a covenant of the UN. Implementation by UN member states that have ratified it is monitored by the Committee on Economic, Social and Cultural Rights, a body of 18 independent experts that has been operating since 1985.

Ireland ratified the International Covenant on Economic, Social and Cultural Rights on 8 December 1989 and reported to the UN committee on its domestic implementation in 1996, 2000 and 2012. Next month, the Cabinet will consider its fourth report on implementation before submitting it to the UN committee for its consideration. When compiling the fourth report, all Departments were required to have an input and public consultation took place.

In addition, consultations were undertaken with the Department of Foreign Affairs committee on human rights, which comprises representatives of NGOs, academic institutions and other stakeholders, including the Irish Human Rights and Equality Commission. All feedback was considered in the drafting of the report.

Deputies will be aware that, following submission of such a periodic report, the UN Committee on Economic, Social and Cultural Rights convenes hearings where states are robustly examined and at the end presented with the committee's recommendations on issues that require to be addressed. Therefore, it is important to acknowledge there already is a monitoring mechanism in place in regard to our implementation of the International Covenant on Economic, Social and Cultural Rights and one that lacks the rigidity of a courtroom setting. The periodic nature of reporting allows for changing circumstances, such as those we find ourselves in at this moment. Indeed, the UN Committee on Economic, Social and Cultural Rights proactively highlights areas in which it wishes to see improvements in Ireland in terms of our implementation of the covenant.

In this connection it is fair to say that Ireland's periodic reports to the committee have demonstrated a clear trajectory of progress across the gamut of economic, social and cultural rights. Our fourth report will highlight the legislation and policy developments in the period from 2011 to the end of 2018. It details initiatives ranging from the migrant initiative strategy to the national broadband plan. It sets out information on a number of important whole-of-government strategies, including the national disability inclusion strategy, the national strategy for women and girls, the national youth strategy and the national Traveller and Roma inclusion strategy. It highlights important legislation including the Climate Action and Low Carbon Development Act 2015, the Paternity Leave and Benefit Act 2016, the Electoral (Amendment) (Policy Funding) Act 2012, the Child and Family Agency Act 2013 and the Health (Regulation of Termination of Pregnancy) Act 2018. In addition, it sets out implementation plans for major initiatives, including the sustainable development goals, and commits to the implementation of Sláintecare.

The programme for Government contains a large number of measures to promote economic, social and cultural well-being. In particular, it commits to developing a set of indicators to create a broader context for policy-making to include a set of well-being indices to create a well-rounded holistic view of how our society is faring and a balanced scorecard for each area of public policy, focused on outcomes and the impact those policies have on individuals and communities. Initially, this will be focused on housing, education and health.

As part of budget 2021, the Department of Finance has published a paper on well-being and the measurement of broader living standards in Ireland. The paper investigates the options for national well-being measurement in Ireland, with a view to the commitment in the programme for Government 2020 to develop new measures of well-being. This work is being taken forward by the Departments of the Taoiseach; Finance; and Public Expenditure and Reform and will be further developed through the analysis of the experience of other jurisdictions that have developed similar measures in recent years through consultations with experts drawn from the public service, academia, NGOs and the private sector. The programme for Government states that, once developed, we will ensure it is utilised in a systematic way across Government policymaking at local and national levels in setting budgetary priorities, evaluating programmes and reporting progress. This will be an important complement to the existing economic measurement tools.

Furthermore, the programme for Government commits to examining the introduction of a new grounds of discrimination based on socio-economic and disadvantaged status into the employment equality and equal status Acts. This follows on from an initial debate on this issue in the House during the previous Dáil. In addition, a broader review of the equality Acts is planned. This work is being taken forward by the Department of Children, Equality, Disability, Integration and Youth.

Our programme for Government also commits to a referendum on housing and a referendum on Article 41.2 of the Constitution informed by the work of the Citizens' Assembly on gender equality. Moreover, the issue of the environment including water and its place in the Constitution is to be referred to a relevant joint Oireachtas committee for consideration.

In short, the current programme for Government, which sets out a five-year work plan for this Administration, contains an ambitious and complex range of commitments that are relevant to the substance of the issues which will be debated today. Time is needed to map these commitments in the context of economic, social and cultural rights and the relevant UN covenant as well as our existing body of rights and laws. To establish a constitutional referendum is the right course of action. This timed amendment allows for the necessary care to be taken when assessing the proposal in this Bill. I know the Deputies speaking today will make a valuable contribution to the further analysis of the proposals at the heart of this Bill.

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