Alice-Mary Higgins (Independent) | Oireachtas source

Amendment No. 9 is in this grouping. It also makes it clear that one of the laypersons appointed should be nominated by the Irish Human Rights and Equality Commission. This is fundamental. It was fundamental in the understanding we had during pre-legislative scrutiny. It was in the original heads of the Bill. When I do pre-legislative scrutiny I look to make sure that all of the relevant voices and bodies are there. The heads of Bill as presented to the committee provided that a nominee from IHREC would be included in the lay membership. IHREC understood that it would be a nominating body. It might not nominate an employee or a commissioner but it would be a nominating body because of the very specific expertise it can bring in identifying a voice on human rights and equality or expertise in human rights and equality that will be pertinent to any particular situation. This was to copper-fasten and guarantee there would be in-built human rights and equality expertise in the process and in the judicial appointments commission.

This approach was largely welcomed. It was not criticised or opposed by the committee. It seems to have been removed from the draft Bill. The legislation as it now stands states human rights and equality should be protected in the process but there is no mechanism for doing so. There are many areas of expertise considered in respect of laypersons. There is no guarantee that human rights and equality will be carried through. It is one among a series of broad selection criteria. This is not like any other area. Human rights is not an ideology issue in this sense. We have passed that point. It is very well established and is now part of the international legal structures within which we all operate and in which Ireland has played an active and leading role. We look to our record. Síofra O'Leary is leading the European Court of Human Rights. Three Irish individuals have been appointed as special UN rapporteurs. Human rights is an area where Ireland has hung its hat internationally. It champions this as international law. It has a perspective that is international but also belongs to every individual with regard to those international human law instruments that we have ratified as a country and made part of our legal architecture. One of the crucial elements will be judges who understand this, are able to engage with it and have shown a good understanding of it.

This is not an opinion on some industry. There are relevant legal aspects to this. There is also relevant law on the Irish Human Rights and Equality Commission Act 2014. That legislation specifically sets out the public sector duty on equality and human rights. There is a duty on public bodies such as the new judicial appointments commission to ensure they are acting in a constructive way in terms of human rights and equality. We do not have a guarantee. There is no mechanism without IHREC being given a nominating role to ensure the human rights and equality duty is reflected. This is a statutory obligation for the judicial appointments commission. A very elegant and simple way to address it is to ensure IHREC will, as promised and expected, have a role in nominating the other layperson.

It is notable that in the text of my amendment, that of the similar amendment tabled by Senator Wall and that of the similar proposals made by Senators Ward and Curry, the Minister of State is hearing this from across the House. It is consistent with other legislation. For example, the text of the Legal Services Regulation Act 2015, in establishing the Legal Services Regulatory Authority in section 9(4)(a)(iv), states that of the persons to be appointed to be members of the Legal Services Regulatory Authority, one shall be nominated for appointment by the Irish Human Rights and Equality Commission. We have a clear precedent in this legal area of regulation that a particular useful expertise would be added by the Irish Human Rights and Equality Commission.

We have legal precedent, statutory obligation, the strong expectation and understanding of the relevant Oireachtas committee, the fact it was in the original heads of Bill, the importance of international human rights law and Ireland's stated commitment on international human rights law. All of these point to the importance of making sure we have an IHREC nominee as one of the four laypersons. If it is felt that we need to expand to have one more person, so be it. An additional layperson is something the Minister has indicated she is open to. This is an amendment that only the Government can table. None of us as individual Senators can do so given how the Standing Orders are interpreted. It is open to the Minister of State to do this on Report Stage. I urge him to accept one of the amendments today or to commit to coming back on Report Stage with a proposal to ensure a nominee from IHREC is part of this new commission.