Katherine Zappone (Independent) | Oireachtas source

I move amendment No. 6:

In page 34, between lines 19 and 20, to insert the following:“(5) Where the Commission considers that in any public body there is evidence of a systematic failure to comply with human rights or equality of treatment obligations, the Commission may invite the public body to⁠—

(a)carry out an equality and human rights review in relation to that public body, or
(b)prepare and implement an equality and human rights action plan in respect of that body, or both.

(6) The Commission may, if it thinks it appropriate, itself⁠—

(a)carry out an equality and human rights review,
(b)prepare an equality and human rights action plan.

(7) An equality and human rights review or equality and human rights action plan may relate to⁠—

(a)equality of opportunity or human rights generally, or
(b)a particular aspect of human rights or discrimination, within a public body.

(8) Where an equality and human rights review or equality and human rights action plan relates to matters that are covered by⁠—

(a)the Act of 1998,
(b)the Act of 2000, and
(c)human rights as defined under section 29,

the review or action plan, as the case may be, shall deal separately with those matters and each part of the review or plan, as the case may be, shall be treated as a separate equality and human rights review plan or equality and human rights action plan, as the case may be.”.

I will begin by outlining the importance of equality reviews of organisations and the potential impact of integrating these with a human rights review of the same organisations. Then I will outline our rationale for placing the amendment within section 42, which deals with public bodies, rather than the more obvious section 32, which deals with equality reviews and equality action plans.
Equality reviews are a potentially significant tool for embedding good practice in organisations. They go beyond strict compliance with the law to securing or even coaxing equality of opportunity. We believe that combined with a human rights review, the mechanism could provide a means of building good practice, particularly in respect of proposed public sector duty, as covered in section 42. More generally, it would enable the commission to develop an integrated approach to the human rights and equality strands of its mandate. I referred to the importance of this on Second Stage. Equinet, the European Network for Equality Bodies, has published research on mergers between equality and human rights bodies. The network noted in its research that in some instances mergers of equality and human rights bodies have resulted in a near invisibility of work in one area. The network concludes that equality and human rights mandates must be clear and linked and that a merged body should have the capacity and powers to undertake a multidimensional approach to issues and initiatives.
The Bill affords us an opportunity to secure an integrated approach to the human rights and equality strands of the commission's work. The Minister is aware, as are all of us, that the Equality Authority has built up a considerable body of good practice and guidance on the equality reviews and action plans. Again, as we are aware, reviews are a feasible alternative to the more protracted option of undertaking an inquiry. This good practice can be drawn on and integrated with a human rights review. That is the general rationale in respect of incorporating a human rights review with an equality review.
I will outline the reasoning for the placement of the amendment. Since human rights, as defined in section 29, does not for the most part impose direct obligation on private entities, it would not be possible, although it might be desirable, in the context of how human rights are defined under section 29, which applies to section 32, to suggest that a human rights review is conducted along with an equality review, as outlined in section 32, because that section applies to the private sphere. Instead, we are proposing that section 42, relating to the public duty function of the Irish Human Rights Commission, is amended to include the practice of carrying out an equality and human rights review in respect of a public body. It is fantastic and a progressive move that this element is in the Bill. We suggest the trigger for such an integrated review should be set at the level, to use the language of the amendment, of evidence of a systemic failure of the public body to comply with human rights or equality of treatment obligations. In this case, evidence would refer to the commission having a reasonable basis for believing that there is a systems failure with regard to human rights and equality obligations. If the commission has reason to believe this is the case, it may invite the public body to carry out an equality and human rights review and prepare and implement an equality and human rights action plan. It would be terrific to see the new body developing this new practice and we believe it is an excellent opportunity to integrate the two strands.
The amendment proposes that the commission may, if it deems it appropriate, carry out the review and prepare an action plan. The amendment describes what such a review and action plan relates to and adopts the same language as section 32 with regard to equality reviews for private entities.