Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 41:

In page 14, between lines 13 and 14, to insert the following: “Report on provision of additional payments to those who experienced racial abuse or discrimination

19.The Minister shall, within 6 months of the passing of this Act, lay a report before both Houses of the Oireachtas on the potential to make provision for supplementary payments, in addition to any entitlement under this section to a general payment or work-related payment under this Act, to relevant persons who were subjected to historic racial discrimination or abuse, either while resident in a relevant institution, or while placed in any other institution in respect of which a public body had a regulatory or inspection function, either directly or from another relevant institution.”.

This amendment calls for a report specifically on the potential to include and provide additional payments to mixed-race survivors specifically for the racial abuse and the discrimination they suffered. The amendment speaks to the two-track approach proposed by the Irish Human Rights and Equality Commission, IHREC. This proposes that there would be a basic level, such as proposed by the Government, and a second track with additional payments recognising lived experiences including, in particular with regard to this amendment, the lived experience of racial abuse and discrimination.

At present there is no way for survivors in Ireland to be awarded justice or recognition for historic racial discrimination in institutions. The Statute of Limitations means they are limited in terms of their legal rights in other areas. The redress scheme was an opportunity to provide an avenue to justice but it offers nothing in terms of specific redress for this issue. In September 2022 UN experts called for adequate redress for systemic racism and racial discrimination in Irish childcare institutions between the 1940s and 1990s. This is a little reminder that these are not far distant abuses in many cases but very much to the fore and were still occurring even in the 1990s.

The Irish Racial Justice Forum has made a complaint against Ireland to the UN Committee on the Elimination of Racial Discrimination. I thank Conrad Bryan for his work in particular on this issue. It is my understanding that the UN Committee on the Elimination of Racial Discrimination may already have communicated with the Irish Government on this issue and asked it to outline what exact actions it is planning to take to address the historic systemic racism and racial discrimination in Irish childcare institutions between the 1940s and 1990s. Perhaps the Minister will confirm what his engagement with the committee has been. I recall having presented to the committee in a previous role. I know it takes its recommendations very seriously and it takes such complaints very seriously. It will certainly be looking to the UN experts' opinions of September 2022.

It is imperative that the Minister outlines exactly how, if not through this scheme, the Government intends to provide redress and recognition to mixed-race survivors of the institutions. If he does not do so today, he or his colleagues in government will nonetheless need to outline it to the UN Committee on the Elimination of Racial Discrimination. We have other amendments that relate to this complaint and I may make further points when debating them.

Mixed-race survivors of the institutions have in many cases exhausted all possible domestic avenues in terms of redress. They have engaged with the commission of investigation. The commission's report was deeply disappointing to them in its failure to recognise their experience. The commission of investigation concluded there was no direct evidence of different treatment or institutionalised racism in the records. Again it focused on a very narrow interpretation of the records and not on the testimony of those who lived through and survived the experience of racism. The opinion of the commission of investigation that it does not have the evidence of systemic discrimination directly contradicts survivor testimony.

The Statute of Limitations and the absence of historic laws against racial discrimination mean there is a lack of avenues for justice in the domestic courts for mixed-race survivors. They have engaged in good faith throughout the very long and gruelling process of the commission and the development of the scheme. Once again they will be disappointed if we do not act now to amend the scheme and include them.

I note that several members of the Irish Racial Justice Forum are now elderly. The need for justice is becoming urgent and pressing and is running out of time. I urge the Minister to outline today what action the Government intends to take on racial discrimination and abuse. In amendment No. 41 we offer one option for action that could be taken. Perhaps Ireland could then point to it as a way of showing that we have taken action when we have to account for ourselves to the UN Committee on the Elimination of Racial Discrimination. I urge the Minister to indicate his intentions for action. Will he take on board the proposal made in this amendment? Will he commit to tabling on Report Stage something that will specifically recognise and address this additional layer of redress that has been spoken about by IHREC and the idea of a second tier? It is not an option I have because it would be ruled out of order. What other actions does the Minister plan to take in recognising that Ireland faces a direct complaint at UN level in respect of this discrimination between the 1940s and 1990s?