David Norris (Independent)

I welcome the Minister of State and the Bill. As indicated, it is a substantial Bill. There is no need for the Minister of State to apologise for his lengthy introduction to it because it was necessary. This is the first regulation in a long time on the issue. The Minister of State cited a statute of Queen Elizabeth I, which was a long time ago.

I will be constructive, as have been my colleagues. However, in addition to welcoming the main provisions of the Bill, I am concerned about some concealed effects it may have. Senator Buttimer referred to most of these concerns. It seems we have been briefed by similar organisations. It is important the public's trust and confidence in charities is sustained. Once or twice over the past ten or 20 years, this confidence has been knocked, but by and large the charities involved have subsequently regulated themselves satisfactorily.

I am glad the Minister has looked at the question of religious organisations. I take it that includes the Church of Scientology, the Moonies and such groups. They need to be looked at carefully and I have no difficulty with that. Will the Minister of State comment on whether there will be a relationship between the newly established body and the dormant accounts fund and the national lottery fund? These two funds disburse significant amounts towards charities.

Everybody will welcome the charities regulatory authority, the register of charities, the exclusion of specifically political lobby groups from the definition of charity, charity trustees and the clarification of their responsibilities in law, and the regulation of street collection. That has been necessary for a long time. I do not mean to blow my own trumpet, but I support many charities by way of a cheque payment.

I regularly send them a reasonably fat cheque on foot of a harrowing photograph. One immediately receives a note of thanks that includes an even more harrowing photograph and one's heart is bled dry. This is fine and I can put up with that. Sometimes however, I pass eight different individuals or charities. How can as many as three different charities be collecting on Grafton Street on the same day? It demeans the process and there must be some regulation in this regard.

However, the principal matter I wish to examine today is precisely the point first raised by Senator Buttimer and then alluded to in his gracious way by Senator Ó Murchú. I refer to the astonishing absence of human rights provision from the Bill, which is very sinister. If the Minister of State does not believe the leading organisations in this area are seriously concerned, he should look at the Gallery, in which distinguished people from practically all such organisations can be seen at present, including representatives from the Irish Council for Civil Liberties, the Free Legal Advice Centres, Front Line and Amnesty International. They are not present because they consider the debate to be entertaining but because they rightly are very concerned. The promotion and protection of human rights must be included in this Bill's provisions and I have tabled an amendment in this regard. I am sure Members on this side of the House will fight strongly for it. Moreover, I appeal to the decent humane people, such as Senator Ó Murchú, who has a distinguished track record and has taken quite a few risks with regard to matters such as the Iraq war, about which he was outstanding, as well as the Green Party Members, to use their leverage on this issue. The Green Party has spoken about this in the Dáil and the Minister of State should listen to them.

While Senator Ó Murchú is delighted with the Bill and Senator Buttimer has expressed some concerns, I am suspicious and will explain why. I look at the budget and recall the comforting words, to quote the Communion service, of the Minister for Finance, Deputy Brian Lenihan, who stated that one of the three aims of his budget was to protect "those who are most vulnerable in our [country]". Three weeks ago, when attending a photo opportunity at the AIB Bank Centre, the Taoiseach, Deputy Brian Cowen, stated:

This photo should serve to remind us all that we can never become complacent about the role Ireland must play through the United Nations and the European Union in resolving conflicts, preventing international crises and ending abuses of human rights, especially genocide.

However, what does the Government then do? It has hammered every human rights organisation in Ireland, which is astonishing. Unfortunately, the financial crisis has blown Members' protests off the media radar. The Government has abolished the Combat Poverty Agency and has spancelled the Equality Authority by halving its income and dispersing it around the country. It has mixed up all kinds of people with different expertise. All such organisations have been hit because they advocate human rights and decent levels of support for the most vulnerable people. In the kind of financial crisis we face both globally and domestically, we need such organisations to be strengthened and not be subject to an attempt to neuter them. All sensible people undoubtedly would conclude that the promotion of human rights and the provision of support to those throughout the world who defend human rights definitely should be considered under the objectives of this Bill. However, this is not the case and the only inevitable conclusion one can come to is this constitutes a further indicator of a policy by the Government to limit the expression of such groups.

For many years, I was a member of the council, committee, board or whatever it was, of the Irish Council for Civil Liberties and, consequently, I know a certain amount about it. It was founded in 1976 by Mary Robinson and Kader Asmal and I became involved fairly early on. Members should consider its achievements. For example, it has helped to secure the establishment of an independent Garda Síochána Ombudsman Commission and the legalisation of the right to divorce. It has furthered children's rights, the decriminalisation of homosexuality and enhanced equality legislation. Its mission statement, to use that abused phrase, is to advocate for positive changes in the area of human rights and to monitor Government policy. Is the reason for its exclusion because it will be effective in monitoring Government policy? This makes me very worried. Its purpose also is to ensure the Government complies with international standards and to conduct original research, publish reports, run campaigns and so on.

Deputy Joe Costello of the Labour Party noted it was strange that human rights should be excluded, as surely no better charitable cause existed. He also expressed his belief that this is expected of Ireland by the international community under the European Convention on Human Rights as well as broader international commitments under the United Nations charter. Senator Buttimer ably indicated the position that obtains in the neighbouring island. I am astonished by this omission in that light. I have been a Member for 21 years and routinely have witnessed the Government introducing, en bloc, legislation that was made in the United Kingdom. We follow it slavishly. Hence, when it is not automatically done, as in this case, a specific decision has been made to exclude. It cannot be for legal reasons because if it was found possible in the neighbouring island, it certainly is possible here. As it has been done in Scotland, England and Wales, why not here? What is the hold-up?

This point was made, not for the first time although very ably, by Senator Buttimer today. It was made just as ably in the Lower House by a member of the Minister of State's own party. I refer to a man with a conscience who comes from a family that has acted as a conscience within Fianna Fáil, namely, Deputy Chris Andrews. As the Minister of State also has a conscience, I ask him to reconsider this issue. Deputy Andrews asked why, if this could be done in Scottish or English legislation, it could not be done in Irish legislation.

Moreover, the Minister of State should not tell me it is not necessary because it is considered to be so. Among other matters, I have been informed the deeming provision may not be strong enough to ensure the survival into the new legislation of charitable organisations with a human rights element because some of them were established so long ago they may not have included the precise formula, in respect of this Bill, that will meet that requirement. Were the Minister of State to make the point that they will be included without being acknowledged, that would not be satisfactory either. First, I do not know this to be the case and, second, the Government's reluctance to acknowledge them gives a bad signal of which it eventually will come to be ashamed.

Having mentioned Deputy Chris Andrews, I will refer to another element in the Government, namely, the Green Party. My good colleague and, I am proud to say, constituent, Deputy Mary White, stated:

The Green Party shares the concerns of the voluntary sector that by not including these purposes in the legislation, it might diminish the standing it has in the eyes of the State and possibly result in the unintended exclusion of such organisations from the register, particularly vis-À-vis other purposes that are of benefit, and in turn public thinking. The advancement of human rights, social inclusion and social justice are pursuits worthy of equal recognition to those listed in the relevant section [8].

Moreover, as stated previously, the Government cannot offer the excuse that it cannot accept amendments in the Seanad because the Bill would be obliged to go back before the Dáil and that it does not expect any amendments, because it already has expanded the Bill. The Government has expanded the Bill under pressure from the Green Party to include the environment. Is the environment more significant to the Government than human rights? That is what the Official Report will show unless the Minister of State accepts the tabled amendments. I have tabled amendments on this issue and I am sure my colleagues will support them unless they tabled theirs first, in which case I will be delighted to support them.