Seanad debates

Thursday, 3 July 2014

Irish Human Rights and Equality Commission Bill 2014: Committee Stage

 

1:05 pm

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

I agree with the sentiments expressed by Senator Katherine Zappone and note that the amendment is also supported by Senator Jillian van Turnhout. My advice is that it is not appropriate to impose obligations such as these on the Oireachtas in primary legislation. Under Article 15.10 of the Constitution, the Houses of the Oireachtas regulate their internal affairs and this is done under Standing Orders. I recognise and appreciate some of the points made by Senator Katherine Zappone on this legislation. It is included in the legislation that a strategy statement and an annual report will be submitted directly to the Houses. It is being set up under the Paris Principles which call for strong engagement between the body and national parliaments. I would like to see the Oireachtas responding actively when these reports are received. It can be arbitrary as to which annual report is discussed by the committee and as such, it is not built into legislation. Generally, it is left to the discretion of the committee to call in the body after an annual report is presented. It varies depending on the committee's priorities and how important it thinks it is. Clearly, one wants reports and strategy statements coming from the commission to be discussed by the committee. The committee with responsibility for human rights and equality is the place where we expect the reports to be discussed.

I am happy to support the Senator in putting this request to the Committee on Procedure and Privileges. On that basis, perhaps we might try to progress the issue under Standing Orders. I cannot guarantee that it will be accepted, but it is the appropriate way to move forward, rather than by an amendment to the Bill. Given the differentiation between the work of the Houses of the Oireachtas and what we can include in legislation, I am advised it would not be the best way to deal with the amendment. I am happy to pursue the issue raised by Senator Katherine Zappone with the Committee on Procedure and Privileges and take the recommendation forward. Perhaps it is an innovative way in the Houses ensuring particular Bills, about which Members feel strongly, have substance in respect of Standing Orders.

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