Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank the Senator. He will recall that this amendment was discussed on Committee and Report Stages in the Dáil. The position remains that the amendment's text is technically inappropriate for legislation. Were the Government to undertake actions along the lines suggested, they would either be matters of policy and resource allocation or would need to be addressed in detail in legislation. However, one does not insert in legislation that the Government should make proposals that may require legislation. Instead, we get on with implementing the Government's policy programme. Where this requires legislation, such legislation is introduced. There are technical issues with the amendment's drafting.

We are merging the Equality Authority and the IHRC. My predecessor consulted the then Northern Ireland Secretary of State around the time this proposal was announced. I assure the House that there are no adverse implications for our commitment under the Good Friday Agreement or for our relationship with Northern Ireland. Equivalence of protection relates to substantive human rights law, not to questions of institutional structures. This Bill addresses the future institutional arrangements for equality mechanisms. They will always operate differently in different jurisdictions. Under the Constitution, our body of human rights law is at least equivalent to that which exists in Northern Ireland. Contrary to the impression that the amendment's proposed paragraph (a) might convey, the remit of the new commission as regards human rights compares favourably with that of any national human rights institution in Europe.

The merger is intended to create a body that is greater than the sum of its parts. There is a significant commitment to ensuring an effective body. Extra resources and staff for the body have been agreed and it will be well equipped by the Bill. Thanks to the extra staff and resources and this legislation, protection of human rights and equality will be provided for cohesively. As such, I am not in a position to accept the amendment.