Seanad debates
Thursday, 4 December 2008
Charities Bill 2007: Committee Stage
2:00 pm
Jerry Buttimer (Fine Gael)
The fundamental question is why the Government is excluding the advancement and promotion of human rights. As on Second Stage, we have not been given a clear meaningful answer. Is it the case that the Government is afraid of some of the organisations that are promoting human rights? Is the Government afraid that organisations will continue legitimately to raise concerns and advocate the promotion and advancement of human rights? It is not acceptable that the promotion or advancement of human rights should be denied in the Bill.
Section 3(10) refers to the advancement of community welfare, community development, the promotion of civic responsibility, the promotion of health, advancement of conflict resolution and reconciliation. Human rights could be included with these as an addendum. The section includes the promotion of religious or racial harmony and harmonious community relationships, and the protection of the natural environment. During the passage of the Bill through the Dáil, the Minister of State introduced the promotion of environmental sustainability. He has also included a whole list. He has included the prevention and relief of suffering of animals.
We are now faced with the situation where human rights are being explicitly excluded from the Bill. What happens in 20 years' time when we are no longer Members of this House and a new organisation wants to start up as a human rights organisation? If human rights are not the same as they are today, what happens then? There is a need for transparency and openness.
The Minister of State when speaking on the previous amendment said that there will be a lead-in period of five years and a review clause. Why can this provision on human rights not be inserted now at the beginning when we have a clean sheet? We should not be saying that the promotion of human rights is not what this Bill is about. We should be advocating the promotion of human rights and that it should be named as a charitable purpose.
It was indicated previously that the exclusion of this section of the Bill will not deter existing charities whose focus is the promotion of human rights from being recognised as a charity. What about the organisations which will be established in the future for that purpose? I cannot comprehend and I have yet to hear a clear, valid and cogent explanation why the Minister of State is rejecting this amendment. The provision is included in the English and Scottish legislation and I question the reason it cannot be done in this country.
From the research undertaken by me and the Fine Gael research officers, when the heads of the Bill were originally drafted, the advancement of human rights, social inclusion and social justice were included but then they were removed. Why are we afraid of the broader definition and why are we preventing the inclusion of human rights? Senator Norris may be right that Government wants to neuter human rights and wants us all to lie down and accept that the Department of Foreign Affairs or the Department of Justice, Equality and Law Reform are the primary bodies. If that is the case, we are not having promotion and advancement of human rights but rather restrictive practices and denial.
On the Order of Business this morning, Senator Norris raised an interesting case about human rights. Lest we lose the run of ourselves, this is about people. It is about advocating for the good of people. I have a fundamental and core belief that if in doubt, we should leave it in.
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