Alice-Mary Higgins (Independent) | Oireachtas source

I am happy to work with the Minister of State on that and I understand the intersections with the European Convention on Human Rights Act 2003. I inserted that legal advice to have that in but I am happy to look at that. For me, the fundamental part of section 5, and a principle which the Minister of State supports, is that the Irish Human Rights and Equality Commission Act 2014, which has a requirement for a public duty on equality and human rights, establishes a public duty that is placed on every public body in respect of actively promoting equality and human rights. I am happy to look at the European Convention on Human Rights Act 2003 provisions and ensure their compatibility, but the core part for me is that reminder to public bodies that when they are giving contracts, they have a public duty on equality and human rights. That duty applies to Departments or public bodies in what they do and in their contracts. We have had scenarios in the past like the example of Bus Éireann contracting buses that did not allow for disability access and, therefore, were not delivering on the equality obligations of Bus Éireann. Even though they were private contractors, Bus Éireann had that responsibility. It is a matter of following that duty through and embedding an understanding of the public duty on equality and human rights, and it applies to all of a public body's actions. This section of the Bill does not create a new obligation. The obligation is already there but this requires reporting in respect of how the public duty on equality and human rights has been reflected in procurement when the procurement activities for the year are being reported on under the statutes that already exist. I am happy to look at the European Convention on Human Rights Act 2003, but for me the core of this is that public duty.