Seanad debates

Tuesday, 18 November 2008

6:00 pm

Photo of David NorrisDavid Norris (Independent)
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I welcome the Minister of State to the House and congratulate him on his recent happy news.

It is only a few weeks since the Minister for Finance, Deputy Brian Lenihan, introduced his first budget. The financial climate both nationally and internationally is bleak and one understands the necessity for cutbacks. Some of the measures outlined were insensitive, such as the removal of the universal entitlement to medical cards for the over 70s and the universal 1% levy. These have been remedied. However, by far the most sinister cuts were those whose impact was not immediately obvious. I refer to the deliberate and specific hobbling of virtually every agency in the State representing the marginalised and disadvantaged. The Equality Authority, the Combat Poverty Agency, the Irish Human Rights Commission and others have been selectively targeted and victimised. In some cases, there is no saving in so doing. In others, the savings are minimal but the very efficiency and relevance of these agencies has been effectively destroyed. This is the dagger under the cloak. Having reviewed the situation in detail, I have no doubt these groups are being punished because they were troublesome to the Government and, in particular, because they criticised the operation of Departments.

This whole sorry business calls into question the Government's commitment to equal rights for the citizens of this State and human rights in general. The Combat Poverty Agency has been abolished in circumstances where there can be no question whatever that there will be a massive increase in poverty levels in this State. In these conditions, the agency should have been strengthened. Instead of acting to protect the poor and the disadvantaged, the Government has ensured they will be left virtually powerless. Moreover, the absorption of the lifeless corpse of the Combat Poverty Agency into the office for social inclusion, which effectively means its absorption into the Department of Social and Family Affairs, means it will lose its critical independent aspect. There is no doubt in my mind this was the specific intention of the Government.

The Government must take several steps as a minimum requirement. The board of the Combat Poverty Agency must remain in place until the roles, remit and structures of a new and strengthened division is agreed and the board's responsibilities as an employer are satisfactorily met. The Minister must give an undertaking for a consultation process with the social partners and other key stakeholders on the formation of a new division. There must be an explicit focus on poverty in the new division. It must be empowered to undertake and publish research and policy analysis, support and evaluate programmes and initiatives to reduce and eliminate poverty, and promote an understanding of poverty and ways to tackle and build social inclusion.

A parallel and even more swingeing attack has been made on the Equality Authority. The overall departmental cut was 4% as against 2008. However, the budget of the Equality Authority has been slashed by a massive 43%. Moreover, it is unique in being targeted for further participation in the discredited decentralisation programme. Fifteen staff are already situated in Roscrea, but many of these are not original members of the Equality Authority. In order to get the numbers right, people were reallocated within Departments. The same is likely to happen with the additional 15. There will be 30 people in Roscrea with little or no professional acquaintance with the equality legislation in a building that does not have disabled access. This is a disgraceful farce and one that is likely to lead to wastage and inefficiency instead of budget savings.

Why is this happening? Again, this is an agency that has been critical of the Government. The figures are revealing. Departments, State agencies, local authorities and educational institutions made up 54% of the case files under the Equal Status Act in 2005, 60% in 2006 and 69% in 2007. There is no question that the Equality Authority lived up to its responsibility to be a critical voice. For this reason it has been neutered. The Equality Authority itself has concluded that budget 2009, if fully implemented, may render it unable fully or effectively to carry out the full range of its core functions under the equality legislation and relevant EU directives.

In the past, the Government has ignored or treated with contempt decisions made by the Equality Authority with which it was uncomfortable. A classic example is in the case of a same-sex couple who applied for equal transport rights with opposite-sex couples, married or unmarried, as granted by a particular firm. The firm's refusal to make this provision was found to be a gross discrimination and violation of the Equality Act. The Government, however, acted not to correct this discrimination but to copperfasten it by introducing legislation to redefine the word "spouse" in order to negate the rights of same sex couples.

Also under attack is the Irish Human Rights Commission. This is a quite astonishing piece of political brigandage. The Irish Human Rights Commission was established in concert with the terms of the Good Friday Agreement. It was intended to be in direct tandem with and parallel to the Northern Ireland Human Rights Commission. By acting in the manner it acted, the Government has violated all its commitments under this Agreement and effectively rendered the Human Rights Commission incapable of carrying out its remit.

Like the Equality Authority, the Human Rights Commission has been subject to cuts that are quite disproportionate when viewed in the light of other cuts even within the Department of Justice, Equality and Law Reform. Under these cuts the Human Rights Commission will be unable to pay staff, salaries and basic operational costs. In a statement the Commission said to the press that, "A cut of the scale proposed would leave the Irish Human Rights Commission completely unable to perform its function. It would put its survival in doubt." In July of this year the United Nations explicitly called on the Government to strengthen the independence and capacity of the IHRC by giving it adequate and sufficient resources to do its job properly for the Irish people. Look at how the Government responded. The work of the commission is critical, especially during this difficult financial time. The Government's action is also in violation of the expressed wish of the people of Ireland, North and South, who gave their full backing to the Good Friday Agreement under which the Human Rights Commission was established.

In October, I attended the headquarters of the Irish Human Rights Commission in central Dublin for the launch of its report. The chairman at that meeting was optimistic and, in fact, was calling for further work to be entrusted to the Human Rights Commission. This indeed may be a way for the Government to allow the Human Rights Commission to survive by providing it with extra work in a clear example of a productivity agreement. The chairman on that occasion expressed the desire that the commission should be used by the Government to human rights proof proposed legislation. This would be valuable, helpful and an efficient use of the commission. There is also a role for the commission to play in monitoring international covenants, conventions and agreements such as the disability convention and the convention on torture. Additional funding could be afforded in return for work undertaken in this area, thus guaranteeing the survival of this important body.

This country is not unique in facing the economic crisis. However, to our shame, it is unique in specifically and savagely targeting those bodies which protect the rights of the weakest members of society. I bring to the Minister's attention the opening paragraph of a statement issued in Paris on 16 November, two days ago, at the European Disability Forum, which states:

The European Disability Forum which is the voice of more than fifty million European people with disabilities, calls on the European Council, Commission and Parliament and other European institutions and all the Governments of Europe to ensure disabled people and their families do not pay for the world wide economic crisis by the reduction in their income, benefits, employment opportunities or in cuts in support to our representative organisations.

It remains to be seen whether this Government has the moral capacity to respond positively to that call.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I thank the Senator for his kind words. The context in which financial provisions have been made by the Government for the Irish Human Rights Commission, the Equality Authority and the Combat Poverty Agency, which operates under the aegis of the Department of Social and Family Affairs, was outlined in the Budget Statement of 14 October. That context is the wholly exceptional circumstances in which decisions on the spend for 2009 have been made having regard to the need for substantial savings. While the Minister has always accepted that the reduced budgets will cause some difficulties for the commission and the authority, he is satisfied that sufficient funding has been provided to the bodies to enable them to discharge their core activities in 2009. He has decided that the main priority in the justice area in 2009 will be to tackle crime and the funding decisions in the Department broadly reflect that priority.

The Minister believes it is unarguable, and well recognised, that the budget announcement to integrate the administrative and back office facilities of the Equality Authority and Irish Human Rights Commission will go some way to reducing costs in 2009. Further substantial saving of approximately €300,000 or 10% of the authority's budget will be realised by the completion of the transfer of the Equality Authority staff to Roscrea. In line with Government policy, the Minister has also asked the bodies to reduce significantly their spending on consultants, advertising, promotional activities and other non-core items. A similar request has been made to all other bodies under the aegis of the Department.

The Minister has informed the bodies in question that any savings made in meeting the costs of discharging their core functions can be used to supplement their budgets. This does not mean there will be an increase in the published budget of either body, or that the savings can be used for advertising or other public relations activities. In other words, the Minister does not propose to use the savings they might make to meet other expenditure requirement across his Vote group.

The Irish Human Rights Commission and the Equality Authority currently operate from separate Dublin city centre office premises which have a cumulative per annum rental cost of more than €800,000. The Equality Authority is paying an annual rent of €402,000 for its premises on Harcourt Street and it spends a further €40,000 on parking facilities. On the other hand, the annual rent in Roscrea is €102,000. To those who think the Equality Authority, by being in Roscrea, will somehow not function as well as in Dublin, the Minister asked me to make the point that other offices in the Department that have decentralised have managed the change admirably. The authority is staffed by civil servants who are accustomed to changes of role within an organisation and are well suited to meeting the challenge of new work in a new working environment.

The Minister firmly believes that significant efficiencies and savings can be realised by both bodies, and possibly others, sharing office facilities. Other areas where savings can be made are likely to include shared IT and telecommunications facilities. In the case of the authority, more than €30,000 will be saved from the reduction in the use of public relations and consultants. The Equality Authority recently spent €230,000 on an anti-ageism campaign. There are good and sound reasons in the current economic climate to question expenditure of this kind. Finally, the Minister asked me to remind the House that the 2009 provision for the Equality Tribunal, which adjudicates on individual claims of inequality, has been increased by 15%, to reflect the priority that should be given to people who have a grievance in this respect.

The Government's decision to integrate the Combat Poverty Agency and the Office for Social Inclusion within the Department of Social and Family Affairs was informed by the findings of a review of the Combat Poverty Agency which was undertaken on foot of a Government Decision on 6 June 2007. As the Combat Poverty Agency is established under statute, legislative changes will be required to alter its status. The Minister for Social and Family Affairs intends to bring proposals in this regard to Government in the coming weeks.

It is not her intention that the Combat Poverty Agency will be simply absorbed into the Office for Social Inclusion in its existing form.

Photo of David NorrisDavid Norris (Independent)
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Huh. That is spelt "h-u-h" for the information of the parliamentary reporter.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I knew I would bring the Senator good news. Instead, a new strengthened division will be created which will make the best use of the considerable experience and expertise of the staff of both existing bodies and will seek to address the weaknesses identified by the review in both bodies. This new division will provide a stronger voice for those affected by poverty and social inclusion issues.

We are all conscious of the concerns about the need for independent scrutiny of public policy that have been expressed by some interest groups. The Minister absolutely agrees that independent critique is very important and the various budget announcements are in no way intended to reduce the scope for such work. In the case of poverty, the function of independent reporting is no longer as dependent on the Combat Poverty Agency as it was in earlier years. This is due, for example, to the emergence of other independent data sources such as the statistics on poverty reported by the Central Statistics Office, and independent analysis by bodies such as the Economic and Social Research Institute and the National Economic and Social Council in this country and on the international front by the EU and OECD. Ireland is also well served by the social partners and a wide range of non-governmental organisations as well as by both Houses of the Oireachtas, where Deputies and Senators frequently raise social inclusion issues. There are many voices ensuring that those who are socially excluded have a voice. The Senator represents them quite well in this House as well.

The Minister and other members of the Government are keenly aware of the difficulties facing the marginalised and vulnerable in society. For this reason in 2009 the Department will retain funding under the disability Vote and the civil legal aid Vote close to what it was in 2008. The Minister assures the House that the Government is committed to helping all citizens in these difficult times. His officials have met with both the Equality Authority and the Irish Human Rights Commission and he is available to meet with both bodies to discuss issues of concern to them.

Photo of David NorrisDavid Norris (Independent)
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I am sorry a decent Minister of State has been entrusted with such a squalid and disgraceful reply, which is riddled with intellectual holes. The Minister of State said civil servants are accustomed to changes of role within an organisation. That is a most extraordinary insult to the professionalism and expertise of such people. I have never heard anything like it. Are they dumbbells that can be switched around willy nilly all over the place? Is there no professional expertise? Have they no qualifications? That is plain nonsense. I do not believe this is the Minister of State's opinion. I believe this is some of the apparatchiks sticking the knife into organisations which have raised serious questions. With regard to the anti-ageing measures, the recipients are a very easy target and it is a classic tactic. It would be interesting news for Senator Mary White of the Minister of State's own party. These issues, to adapt Mr. Gerry Adams, will not go away, you know. There are those of us, not only on the Opposition side of the House, committed to ensuring the Government does not get away with this, the nastiest trick of all, and especially cutbacks in the public relations area. I remember, as possibly does the Minister of State, as I believe he was in the House at that time, when a previous administration cut back on citizens' information services. The reason behind this was that the Government said people already had rights, but it destroyed their capacity to exercise those rights.

With regard to savings on buildings, on numerous occasions in the past year I informed the House of buildings throughout the city which were empty, but nothing was done about it. The Government is not fooling anybody and it is a shame that it should behave in this way, attacking the most vulnerable people in our society. It will come back to haunt this Government.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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I will bring the Senator's views to the Minister.

Photo of David NorrisDavid Norris (Independent)
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I would be very grateful if the Minister of State would do so.

Photo of Billy KelleherBilly Kelleher (Cork North Central, Fianna Fail)
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In the context of decentralisation, those in the Civil Service in general change roles within an organisation. They do not simply enter a silo and stay there for an entire career. Civil servants move within and among Departments. This is good for corporate knowledge and the transfer of knowledge from one Department to another and it is admirable in the Civil Service. It is a very adaptable organisation and well capable of transferring and providing the facilities and the services to those who need them most. I suggest the Civil Service is capable of doing this as it has shown in many other decentralised locations throughout the country. I will relay to the Government other issues the Senator raised, but I emphasise again that the relevant Minister has met with the organisations and has said he is available to meet them again, and could meet others which may have concerns in this regard.

Photo of David NorrisDavid Norris (Independent)
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I am pleased to hear the Minister will meet these organisations, but I do not accept the point with regard to the professionalism of people and moving them around, and neither do the bodies concerned. They know expertise is picked up in this way. That assertion does not work. It might have a small chance of working had we not seen in the case of the Equality Authority the way in which the Government deliberately turned its face against the decisions of the body, established by it, and reversed that body's decisions. It was an astonishing volte-face.