Alice-Mary Higgins (Independent) | Oireachtas source

The Irish Human Rights and Equality Commission is not simply an organisation. It has an important statutory function. It has a function to ensure human rights and equality are reflected. The Minister of State and his Department have an obligation under the IHREC legislation to ensure that human rights and equality are properly reflected in the actions and in the legislation. I do not think it is fair to say there are lots of organisations in Irish society, and I speak as a big supporter of NGOs and their role. IHREC is not an NGO. It is the Irish Human Rights and Equality Commission. That it was originally included in the legislation was important for addressing one of the key issues, namely, ensuring that something as important as the Judiciary reflects the diversity and considerations of equality in Irish society. That is crucial because the Judiciary determines the right of consideration by one's peers. As for the phrase, "having regard to", the section mentioned by the Minister of State is quite wide and loose. Matters connected with business, finance, corporate governance, human resources and the courts are there, which one would be glad of. It also speaks of the importance of the protection of human rights and equality. However, the protection of human rights and equality is itself inadequately phrased. It does not reflect the full scope of the public duty on equality and human rights. It is not simply the protection of human rights and equality but the promotion of human rights and equality. There is an active and positive duty in that respect. It is not simply that we do not move backwards but that collectively, as a state, we attempt to move forward. The protection of human rights and equality is an inadequate framing, and less than the framing in terms of the public duty on equality and human rights. That is only one of a number of matters that might be considered. A role for the Irish Human Rights and Equality Commission as one of the key lay members, as originally proposed, is important for another reason. Perhaps not every single diverse group in Irish society would be reflected but there would be a body with the resources, knowledge and mandate to be able to address a wide scope of equality and human rights issues. They are also particularly relevant because this is not only about interest groups. It is because so much of our law relates internationally to human rights. Human rights are a rapidly evolving area. For example, the Irish State seems to have ambiguous feelings on the right to a healthy and sustainable environment. That has been recognised by the UN as a new human right. It supported it in the UN, but seems to be opposing it now at the European Court of Human Rights. It is a rapidly evolving area, and one of important expertise, to which judges and courts need to respond. Having somebody in the room who can look to the wider international contexts of our laws on equality and human rights would not simply be nice to have, but would be invaluable to have. It would ensure we have judges who are aware of, and able to reflect a very important area of international and evolving law. It is regrettable that the Government has moved away from having a representative of IHREC. I urge the Minister of State to reconsider that factor because I am not confident the measures outlined in section 13(4) are adequate.