Mary Moran (Labour) | Oireachtas source

I welcome the Minister. I am delighted to have the opportunity to speak on Second Stage of the Irish Human Rights and Equality Commission Bill 2014. I acknowledge the hard work of the Irish Human Rights Commission, IHRC, and the Equality Authority which together have ensured equality, human dignity and human rights have been at the heart of the ethos of legislation and policy in the State. The IHRC was formed following the Good Friday Agreement and established under the Human Rights Commission Act 2000. Similarly, the Northern Ireland Human Rights Commission was established at the time.

As a member of the United Nations since 1955, Ireland has been a long-standing advocate of human rights and international peacekeeping. The IHRC has been recognised internationally for its autonomy from the State and its commitment to and credible reporting on human rights. It received an "A" accreditation rating from the National Human Rights Institutions Forum under the auspices of the United Nations, which was a fantastic achievement. It also demonstrates the autonomous nature of the commission under the Paris Principles, the informal set of rules created by the United Nations.

The Equality Authority was established in 1999, having formerly existed as the Employment Equality Agency. It has worked tirelessly to eliminate discrimination, which unfortunately continues in our society. The authority has highlighted and subsequently worked to eradicate discrimination in employment law and parental leave policy and worked towards the promotion of equality for carers and in policies affecting those with disabilities.

With the enactment of the Bill which proposes to merge the IHRC and the Equality Authority, the nation will continue to ensure the safeguarding of human rights and equality but in a more efficient, cost-effective and coherent way. Since the coalition Government took office in 2011 in the wake of the banking collapse of the previous years, among the priorities in the programme for Government has been a reduction of the number of public bodies. The merger is not only potentially saving taxpayers €500,000 but ensuring greater efficiency in the operation of the bodies since the IHRC and the Equality Authority have overlapping mandates, particularly in respect of discrimination legislation and policy. The new commission will be able to formulate policy and legislation in a more integrated way, making it easy for people to navigate the system, while ensuring greater efficiency in the output of policy and legislation.

Part 3 of the Bill outlines the enforcement powers of the commission, as well as providing for the dissolution of the IHRC. The Bill proposes amendments to the European Convention on Human Rights Act in Part 5 by providing for the right of compensation where a person believes his or her freedom is deprived by judicial error in breach of article 5 of the convention. That is a very welcome measure.

In 2007 the UK Government enacted legislation to merge a more cumbersome number of public bodies than is proposed here. It legislated to amalgamate the Commission for Racial Equality, the Disability Rights Commission and the Equal Opportunities Commission to form a single body, the Equality and Human Rights Commission. The merger was successful and we find ourselves following in those legislative footsteps today. I am disappointed that Fianna Fáil intends to oppose the Bill. I am aware of the concerns raised about the Bill, in particular regarding the two definitions of "human rights" in Parts 1 and 3. The inconsistency means the human rights that can be at issue before the newly formed commission must be agreed to by force of law in the State. In other words, to be considered by the commission, rights must be enshrined in the Constitution, the European Convention on Human Rights and existing equality legislation.

The Bill proposes to introduce a positive duty on public bodies, which is reflective of a commitment made by the Government under the Programme for National Recovery. The positive duty obliges the commission to provide guidelines and codes of practice for public bodies, which is a progressive measure. This ensures greater transparency in the governing of public bodies with a human rights and equality centred approach.

The powers of inquiry of the new commission will, in fact, be greater than the previous powers of inquiry of the Equality Authority, a very notable and welcome measure. It ensures the autonomous nature of the commission is maintained and that what is proposed is a commission independent of the Government. The enforcement powers outlined in the Bill ensure it will maintain the "A" rating received from the United Nations body which oversees the independence of human rights based commissions internationally.

I appreciate that the logistics of the Bill entail changes and a transitional process for both public bodies in terms of staff, management, the amalgamation of mandates, powers and the body of work which must be teased out and agreed. However, in time the newly formed commission will overcome the immediate obstacles and ensure the nation will have an independent, cohesive commission underpinned by legislation to strengthen and give voice to the human and equal rights of the people for a more equal present and a fairer future.