Catherine Connolly (Galway West, Independent)
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60. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 37 of 8 February 2024, for an update on his Department’s engagement with the Department of Foreign Affairs with a view to developing a new business and human rights action plan and implementation body; the number of meetings held to date by the stakeholder forum; the dates of same; the terms of reference of the stakeholder forum; the expected timeline for the new national plan on business and human rights; and if he will make a statement on the matter. [16851/24]

Catherine Connolly (Galway West, Independent)
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Déanaim comhghairdeas leis an mbeirt Aire nua. Is pribhléid amach agus amach é. Guím gach rath orthu sa dá ról. Cinnte, ní bheidh aon drogall orm iad a chrá le ceisteanna.

My question specifically relates to the new business and human rights plan. Four years after the previous plan came to an end, we are still waiting for that plan. Why has there been a delay? I understand the forum has been established but no terms of reference have been set out. Given the importance of the human rights plan, I ask that the Minister would give me some dates today.

Dara Calleary (Mayo, Fianna Fail)
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Déanaim comhghairdeas le mo chomhghleacaí nua freisin. Cuirim fáilte roimhe chuig an Roinn. Gabhaim buíochas leis an Teachta as an gceist agus as suim a léiriú san issue seo.

We recognise the importance of businesses having due regard to issues of human rights. There is a strong expectation in Irish society that our values are reflected in the way we do business. Businesses are responding positively since Ireland launched its first national plan on business and human rights in late 2017. Ireland became the 19th state in the world to develop a national plan.

In December 2021, a review of the implementation of that plan was brought to Government. It found that over 91% of commitments under the plan were achieved. Stakeholder engagement is an integral part of developing the second national plan. The first step in this process was the public consultation that the Department of Foreign Affairs and my Department published last summer, which sought the opinions of interested stakeholders to inform the development of the second plan. Eleven submissions were received from a wide range of interests. The second step was the creation of the stakeholder forum, which convened on 14 December 2023. The forum brought together representatives of Government, civil society, trade unions and business as well as officials from my own Department. The purpose of this initial meeting was to draw out common themes that emerged from the public consultation process and to seek clarification or elaboration of certain recommendations with a view to establishing the likely scope and content of the new national plan. A meeting with officials from other relevant Departments will take place before the stakeholder forum is convened again. These meetings are expected to take place shortly and I will inform the Deputy when they take place and give her the dates in advance. Preparatory work by officials is currently under way.

The new plan will cover a multi-annual timeframe, as did the first plan. It will build on the achievements of the first plan, while also reflecting new developments in the international understanding of business and human rights, including new EU instruments. It will also align with the commitment in the programme for Government to ensure that the action plan on business and human rights is further developed and to review whether there is a need for greater emphasis on mandatory due diligence. My ambition is to finalise the new plan this year.

Catherine Connolly (Galway West, Independent)
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I appreciate the Minister of State's ambition. He said that the review showed that 91% of commitments in the original plan were implemented. However, the Irish Human Rights and Equality Commission found that "While a high implementation rate is reported, there was a failure to meet key commitments within agreed timeframes and the Plan focused on 'promotion' rather than mandatory and ambitious requirements." We are talking about a human rights plan here and the need to embed it in all companies, the importance of which is clear. I do not know if the Minister of State is aware of the report from Trinity Business School entitled "Irish Business and Human Rights - A snapshot of large firms operating in Ireland". It is a really damning, 45-page report. It uses three measurement themes: governance; embedding respect; and grievance procedures. A full 86% of the companies surveyed scored less than 50% of the available marks, while 28% of companies scored no points under human rights due diligence.

Then we have the State bodies, which featured very badly. State-owned enterprises fared poorly, with five of them scoring less than one point. We are talking about Coillte, CIÉ, Dublin Airport, An Post and so on. That is a human rights report from January of this year.

Dara Calleary (Mayo, Fianna Fail)
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I am aware of that report. We also need to acknowledge that there has been progress. We have not seen the level of progress we want. One of the benefits of the stakeholder forum is that we can engage all those parties around a table to directly reflect on that level of progress. There are many businesses that are utilising the United Nations guiding principles and OECD guidelines on responsible business conduct, particularly for multinational enterprises. There is a much greater engagement in this area. The Department has also established a responsible business forum, which I chair and which brings all of the parties on the business side around the table to outline the importance of pushing on this. We have engaged at European level proactively and are working with NGOs on the corporate sustainability reporting directive, CSRD, and the corporate sustainability due diligence directive, CSDD. I will continue to do that. We have a lot more progress to make, which is why the stakeholder forums are beneficial. My priority is to have that plan ready this year.

Catherine Connolly (Galway West, Independent)
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We need dates, terms of reference and specific objectives within a timeframe. Let us look at what is happening in the light of the 2011 UN guiding principles, under a framework of protect, respect and remedy. Coal from the Cerrejón mines in north-east Colombia is still being used by the ESB despite well-documented human rights abuses associated with the operation of this mine. Airbnb Ireland UC allows tourism-related businesses based in Israeli settlements to use its platforms to advertise their services. Front Line Defenders, whom we all depend on, reported 401 killings of human rights defenders in 2022 compared with 358 in 2021. I could go on but I have only 12 seconds left.

On the importance of a plan, the Minister of State has given me no reason for the delay of four solid years or for a forum coming together with no terms of reference. He has given me assurance, and I trust his bona fides, that we will have a plan before the end of the year. However, he can forgive my frustration and anger about something as important as this.

Dara Calleary (Mayo, Fianna Fail)
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I have given the Deputy reasons. It is because we are engaging with stakeholders to try to get proper terms of reference that can be delivered on and measured. It is important that we have that engagement. On the specific instances the Deputy referred to, that is why it is so important that we have the Department of Foreign Affairs, which has a global outlook and reach, working with us. Through the responsible business forum, I will certainly begin to push these matters. Since 2011, we have had the CSDD and CSRD and we can begin to ensure that they are implemented and that companies abide by them. I give the Deputy an assurance that we will have a plan by the end of this year. I will engage with her around the timelines on that. She is one of the only Deputies who actually engages consistently in this agenda.