Kathleen Lynch (Cork North Central, Labour)

As the Minister said last week when announcing Government approval of the general scheme of the Bill to create the new Irish Human Rights and Equality Commission, our society will benefit from having a strong and effective human rights and equality body. The two bodies mentioned have their strengths and the Minister intends that the new commission will combine the best of both. By pulling the two together we are aiming to keep the strengths of each and build something new that will be more effective than the sum of the existing two bodies in pursuing its mandate. The levelling up of powers and functions, the introduction of a new role in supporting public bodies to have due regard to equality and human rights issues in their work and the creation of a sliding scale of possible interventions and powers which can be exercised in a nuanced way commensurate with the nature of the problem, including as a last resort, an effective power of inquiry and powers to initiate court action will all serve to make this a more effective body than its two predecessors combined.

The Minister is aware of the history of funding cuts in the two bodies in the past four to five years. He has made strengthening the new commission and ensuring it complies unequivocally with the Paris Principles a personal commitment in the preparation of the Bill to establish the new body and in the merger process. He is of the view that it is of crucial importance to ensure the new body will achieve the highest international standing and domestic credibility for its independence and remit. Accordingly, the general scheme of the Bill provides for an independent selection process to nominate people for appointment to the new commission and for their appointment by the President following the passing of a resolution by both Houses of the Oireachtas. For this reason, the general scheme of the Bill also strengthens the powers and functions available to the new commission, introduces a new role of supporting public bodies in having due regard to equality and human rights issues in their work and creates a sliding scale of possible interventions and powers.

As the Senator has highlighted, the new commission's resources, used effectively, efficiently and strategically, will be one of the key factors in its successful establishment and future operation. The working group set up to advise on practical issues in the merger recommended that the new commission, as a priority initial task, undertake a review of its staffing needs to compile the evidence for a business case to meet essential additional staff needs it may identify, over and above the staff complements of the existing two bodies which will transfer to it. The annual financial allocation for the new commission will fall to be determined in the light of the budget for the relevant years and be announced in that context in due course. The Minister cannot pre-empt the budget. While stressing the seriousness of the fiscal situation we face and the severe staffing constraints that apply across the public service, he has asked me to reiterate his openness to have such a business case examined by the Department in as favourable a light as possible, even in current circumstances. In significantly streamlining the complex governance arrangements of the agencies which comprised two chief executives and up to 16 board members of the Equality Authority and a 15 member commission, projected savings are in the region of €500,000 per annum in related expenditure. It is the Minister's intention that this money will be available to support the core work of the new commission.

The Government is confident that the high standing and reputation the Human Rights Commission and the Equality Authority have each achieved internationally will be maintained by the new body. The question of its accreditation is a matter for the new commission to pursue and the ICC to assess in due course. The package of legislative proposals set out in the general scheme, as published, is a very strong foundation for the new commission. The Minister's intention is that the Bill will be published and enacted in the course of 2012. The question of resources will come into focus when the new commission prepares its assessment of its staffing needs.

As the Minister indicated, the selection process for the new commission will commence shortly and the persons selected by the independent selection panel will be appointed to the boards of the existing bodies in order that the two organisations can start to operate as a cohesive whole, with a transition programme being prepared and put in place. Therefore, the two boards, operating as one unit, can commence preparing a strategic plan for the new body and that work can be taken forward rapidly in the staffing review and other preparatory work envisaged in the working group's report.

I again express my appreciation and that of the Minister to the Senator for raising this topic which is of great importance not only to the Government but also the entire country. The Minister is keen to raise public awareness of the merger proposal and what it will involve, as well as the opportunities it offers in facilitating further public engagement on the broader human rights and equality agenda in Irish society. For this reason, as he announced last week, he has asked the Joint Committee on Justice, Defence and Equality to examine the general scheme and engage in a further focused consultation process with civil society and other interested parties on the entire range of important issues related to the establishment of the new commission. Debates such as this help to ensure the public is fully aware of what we intend to do.