Katherine Zappone (Independent) | Oireachtas source

I welcome the Minister and apologise for being a few minutes late. As I understand it, we only have one opportunity to speak on Report Stage, so I want to start with a preface to my remarks on the amendment.

I have found it to be a very special privilege, as part of my Seanad work in this Chamber and as a member of the Oireachtas Joint Committee on Justice, Equality and Defence, to be involved in the shaping of law which will establish the Irish Human Rights and Equality Commission, a merged body which brings together the archives of the Irish Human Rights Commission and the Equality Authority - I know of the Minister's previous involvement - their institutional memories and also the heritage of extraordinary public service commitment on the part of all the former staff, members of each body, former board members and commissioners. I want to put on the record my personal gratitude to Dr. Maurice Manning and Mr. Niall Crowley, in particular.

I am aware, as I know the Minister is, that the international human rights sector, including the Office of the United Nations High Commissioner for Human Rights and, closer to home, the European Group of National Human Rights Institutions, have watched very closely what we have done with this Bill and how we are completing it. They have seen that the Government has engaged strenuously with civil society groups and individual human rights scholars and experts. I want to express particular gratitude to the Irish Council for Civil Liberties, Ms Judy Walsh of the school of social justice in UCD and the Equality and Rights Alliance.

I am also grateful to the Irish Human Rights Commission and the Equality Authority as well as the designate members of Irish Human Rights and Equality Commission, IHREC, for their contributions. It is because of these robust and democratic changes to the Bill that the new body has a solid legal framework to achieve "A" status with regard to the Paris principles. This founding legislation provides IHREC, as we fondly describe the new commission, with a host of appropriate functions to ensure its potential will have a wide and independent reach.

This brings me to the amendment which proposes the addition of a substantive dimension to the Irish Human Rights and Equality Commission's function with regard to the ways it can support bodies to have regard to eliminating discrimination and promoting and protecting the human rights and equal opportunities of its staff and the people it serves. The Minister, in her reflections on the substance of the amendment, provided a comprehensive insight into what the commission will be able to do and the potential impact of its actions in this regard.

I will add a few words on our efforts in respect of the amendment in its original form. In addition to the commission having an opportunity to provide guidance and encouragement to public bodies through guidelines or codes of practice, the amendment proposes that it can use this new mechanism to invite the public body in question to undertake an equality and human rights review or prepare an equality and human rights action in support of the performance of its public duty. As stated in the amendment, the trigger for the use of this tool is when the commission considers that there is evidence of a failure by the public body to perform its functions in a manner consistent with public duty. The original amendment used the words "systemic failure". As the Minister outlined, the removal of the word "systemic" increases the potential for using this mechanism, enhances the independence of the commission in its use and expresses trust in the commission that it will come to appropriate decisions on the use of this mechanism. As the Minister stated, it will not act always or often but when it needs to do so. The text of the amendment reflects a positive change to the original wording.

I emphasised previously that the amendment provides the commission with a tool to secure an integrated approach and set of practices to the human rights and equality strands of its work. If used strategically and well, it may also avoid the need for an inquiry down the track.

As the Minister is aware, we proposed an earlier version of the amendment on Committee Stage. We express our gratitude to her and her officials for accepting the principle behind our amendment and, in doing so, we also acknowledge the stamp of her leadership on the Bill.

As Independent Senators, we are pleased to support the amended version of our original idea. I and other Senators are aware, as is the Minister, that the Irish Human Rights and Equality Commission-designate is recruiting a chief commissioner and new director. They will join the outstanding group of IHREC commissioners-designate and staff. Our job, as law-makers, is almost complete and it is my hope that this legislation will be a good base upon which the commission undertakes the challenge of merging two cultures into one and utilising old and new powers to protect and promote human rights and equality in Ireland.