Denis O'Donovan (Fianna Fail) | Oireachtas source

I welcome the Minister for this debate on the Irish Human Rights and Equality Commission Bill 2014. My party opposes a Bill that will restrict the independence of the two authorities concerned in a short-sighted measure. Government control of the new amalgamated body will limit its capacity to have a real impact in forwarding the founding vision of the two bodies. A narrow interpretation of human rights, restrictions on initiatives and investigations and control over membership will hamper the role of the new body. Cutbacks to the funding of the two organisations concerned in 2008, while understandable in the economic circumstances of the time, constrained their capacity to operate while maintaining integrity and independence. The Government's relationship with the interim board does not bode well for the likelihood of it respecting the independence of the new body in the future. The Bill will undermine critically the independence of the new commission and is out of line with international norms.

I will outline the reasons for my party's principled opposition to the Bill. The Bill will amalgamate the Irish Human Rights Commission, IHRC, and the Equality Authority into a single organisation, the Irish Human Rights and Equality Commission. Fianna Fáil believes the integrity and independence of the two bodies in pursuing their founding missions will be lost. The Bill gives the Government significant control over the newly merged organisation through a limited interpretation of human rights, control over membership and restrictions on the investigations the body can undertake. This move fails to recognise that the two bodies to be merged have separate and distinct, if complementary, roles. The amalgamation will be detrimental to their respective missions and impinge on the spirit of the 1998 Good Friday Agreement which initiated the bodies. The roles of human rights and equality are central in public policy and it is important that the Government maintain a commitment to these pivotal concerns. It must not seek to covertly control the bodies set up to protect them. The Bill involves the merger of two independent statutory bodies that have clearly defined mandates and have been active for over a decade in Irish public life. Given this context, the argument for integration is not as self-evident as in other cases.

The IHRC was entrusted with the oversight and monitoring of human rights in Ireland. It was founded as part of the Good Friday Agreement. Human rights law in Ireland is drawn primarily from the provisions of Bunreacht na hÉireann, the fundamental law of the land. This is complemented by EU law and the Charter of Fundamental Rights of the European Union enshrined in the Lisbon treaty in 2009. The Equality Authority was founded in 1999 and is charged with combating discrimination on various grounds, including gender, sexual orientation, race and religion. The two bodies play distinct roles in ensuring Ireland adheres to the highest ethical standards and lives up to its international and domestic legal and moral obligations. The current structure adheres fully to Ireland's obligations under the European Convention on Human Rights and the United Nation's Paris Declaration principles. The new body will have to submit again for accreditation under the Paris Declaration.

The number of people contacting the Irish Human Rights Commission rose steadily from 5,112 in 2011 to 6,104 in 2012. The increase was driven by a sharp rise in economic cases affected by austerity, which accounted for one third of all cases last year. Civil and political rights were raised by 35% of the people who contacted the commission in 2012, followed by economic, social and cultural rights. There were 203 cases related to cultural rights. The commission also offers opinions on laws from a human rights perspective.

The Equality Authority deals with around 8,000 inquiries annually. They focus primarily on issues such as disability, race and gender discrimination.

Both the IHRC and the Equality Authority experienced severe budget cuts in 2008. In November that year the then Minister for Justice, Equality and Law Reform, former Deputy Dermot Ahern, announced cuts of 43% for the Equality Authority and 32% for the IHRC. These significant cuts were heavily criticised at the time, but they were necessary given the financial climate and severe budgetary constraints. The reductions did not impact directly on the structural independence of the bodies or their organisational capacity to pursue their objectives. Fianna Fáil did not proceed with a proposed merger at the time. The Government did not address the issues facing the organisations and kept funding at the level mentioned until this year, despite the heavy criticism dished out at the time.

The United Nation's principles on the status of national institutions, the Paris Principles, are international principles that set a benchmark for national human rights bodies in terms of structure and functions. They ensure effective independent operation. They emphasise the need for complete independence and a broad interpretation of human rights that the relevant body must be empowered to pursue. Ireland is accredited with an A rating in accordance with the Paris Principles, but this may be jeopardised in a forthcoming review, given the significant encroachment by the Government with this legislation on the work of the IHRC.

The announcement of the amalgamation was made in September 2011, but it has only now reached the legislative stage. The interim period was marred by hostility from the Department that undermined the IHRC. The selection panel headed by the former Ombudsman, Ms Emily O'Reilly, was stood down by the Department as it sought to expand the criteria in selecting a chief executive of the interim commission.

It is a clear case of the Department exercising control over the organisation. The independent panel is firmly subjugated to the demands of the Department, which did not want certain people being involved in or applying for such positions.

The stance that we take is one of principle. We feel that a merger is inappropriate and will do more harm than good. That is not to take away from the sincere case that the Minister has made. I respect her views and, as I have said before, I think that she is a very good Minister. In this instance, however, I will have to tender a different view on the legislation. That is part of democracy. I shall oppose the legislation.