Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 18:

In page 13, between lines 16 and 17, to insert the following: “(4) In developing such criteria under subsection (3), the Minister shall demonstrate regard to section 42 of the Irish Human Rights and Equality Commission Act 2014 and the United Nations Convention on the Rights of Disabled Persons.”.

I urge the Minister of State to consider between Committee Stage and Report Stage the strong cross-party call for the Irish Human Rights and Equality Commission, IHREC, to be asked to nominate one of the lay persons to the board. Failing that, it is important that section 12 would explicitly ensure the public duty on equality and human rights would be reflected. Amendment No. 18 provides that when agreeing criteria for lay members the Minister would need to demonstrate specific regard to section 42 of the Irish Human Rights and Equality Commission Act 2014 and - as I have also mentioned - the UN Convention on the Rights of Persons with Disabilities, UNCRPD. I reserve the right to bring an amendment solely focusing on IHREC in that regard. I pulled up the UNCRPD as an example of international law. I believe that if IHREC had a nominating role, it would be able to incorporate and reflect the UNCRPD. However, I do not believe the Public Appointments Service will necessarily have the qualifications to do so. As I have said, the fundamental part is section 42 of the Irish Human Rights and Equality Commission Act 2014. I have mentioned the UNCRPD as well.Ireland is due to ratify the optional protocol of the UNCRPD. There may well be cases taken on breach of rights under the convention. There has been significant case law on human rights and disability. This is to ensure there is an appointments process that appoints judges who have the relevant expertise and ability to engage with an evolving international human rights legal structure and with the fact that Ireland's own ratifications are evolving all the time. Ireland is signing up to various bodies of law in this regard. The UNCRPD is interesting because it is relatively new but the case law is rapidly evolving in many countries. This wider international case law becomes relevant for how the law is put into effect in Ireland. This is one example but, to be honest, I do not know whether we necessarily need to name the UNCRPD. It is an example of international human rights law being real law. It needs real decision. It is relevant for our Judiciary. A number of Brazilian judges have taken part in environmental law and environmental human rights law as an area of evolving work.

There is a statutory obligation regarding the public duty on equality and human rights. We can allow this to be fulfilled through the role of IHREC. If it is not fulfilling that, we need to find another place in the Bill to build in a mechanism that ensures the statutory obligation is being reflected. A potential area is through section 12.