Seanad debates

Wednesday, 9 November 2022

Safe to Create Programme: Statements

 

10:30 am

Photo of Erin McGreehanErin McGreehan (Fianna Fail)
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I welcome the Minister to the House.

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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Is mór on onóir dom a bheidh anseo inniu. Gabhaim buíochas leis na Seanadóirí as cuireadh a thabhairt dom teacht chuig Seanad Éireann inniu. Tá sé go hiontach an deis a fháil léargas a thabhairt don Teach ar an gclár Sábháilte le Cruthú.

I am very pleased that the Members of Seanad Éireann are engaging with this crucially important initiative, Safe to Create, which is a new programme for the arts and culture sector that I launched last month. Safe to Create is a dignity at work programme. It is the culmination of our work to date on dignity at work, led by programmes such as Speak Up and Call it Out, Speak Up: A Call for Change, and Minding Creative Minds. I emphasise that this is our work to date because although we are at the cutting edge of action in this area, we are really only getting started. The aim of the Safe to Create programme is to transform culture and practices in the arts, culture and creative sector through raising awareness and providing training, information, voluntary compliance and certification in order that we can provide safer working conditions for artists and arts workers as well as providing key support for victims and survivors in the areas of reporting, counselling and legal advice.

My Department works in partnership with the Irish Theatre Institute, the Arts Council, Screen Ireland and Minding Creative Minds to deliver the Safe to Create programme. I provide annual funding to the Irish Theatre Institute and to Minding Creative Minds to deliver their services to the creative sector. The Safe to Create platform provides an effective, user-friendly, online dignity at work toolkit for organisations and individuals in the creative sector, including "know your rights" information for artists and arts workers; free counselling, legal assistance and a 24-7 helpline for artists and arts workers; resources for organisations including legislation, codes, policies and sample HR procedures and templates; a code of behaviour and dignity at work trust statement; Sign the Code, which is an online register for organisations and individuals to formally sign up to the code of behaviour and publicly declare their commitment to implement it; and training to address dignity at work issues.Safe to Create is available to all individuals and organisations in the Irish arts and creative sector. I encourage Senators to explore the website, www.safetocreate.ie, and view the range of information, training and resources. The website, like the programme itself, is evolving as additional information, services and resources are added.

The Safe to Create programme emerged from the Irish Theatre Institute’s Speak Up initiative. In 2021, I engaged the Irish Theatre Institute to carry out an anonymous survey which attracted over 1,300 respondents. A year ago, the findings of the survey were published under the title Speak Up: A Call for Change, along with a set of recommendations. The report’s stark findings confirmed that there was a culture of harmful workplace behaviour throughout the Irish arts sector and a worrying lack of supports to tackle this issue. When I launched the Speak Up: A Call for Change report last year, I assured all of the respondents to the survey that their voices had been heard. The Safe to Create programme is built on and informed by the findings and recommendations in the Speak Up report, and particularly on the areas where artists and arts workers said they needed change and support.

With the Safe to Create programme, we in the arts are leading the way in improving and transforming damaging norms for the benefit of all in the creative sector. Together we can ensure creative spaces are safe and that those working in the sector are treated with dignity and respect. I am pleased to have secured additional funding of up to €500,000 in budget 2023 for the Safe to Create programme. The planned supports will include the resource-rich website featuring practical information, guidance, toolkits and templates for artists, arts workers and organisations regarding dignity at work rights and responsibilities and the well-being and support service provided by Minding Creative Minds for victims of harmful behaviours, including one-on-one counselling, access to legal advice and a 24-hour trauma helpline. The supports also include the training programme that has been developed specifically for the arts and creative sectors on dignity at work issues. It includes the topics of tackling bullying and harassment, and addressing unconscious bias. The training programme also includes bystander training and intimacy training that has been created in partnership with Screen Ireland.

The code of behaviour that organisations are asked to adopt is an important element of this programme. It has been developed to help enable arts and creative organisations to create workplaces free from bullying, harassment and intimidation of any kind and to reassure artists and arts workers that their employers are publicly adopting the code. The code is on the Safe to Create website, along with a register that organisations and individuals can formally sign. The aim is to embed this industry-wide code of behaviour in the sector to do the following: proactively encourage a zero-tolerance attitude to all of the negative behaviours; commit to investigate complaints in a timely fashion; raise awareness of what constitutes damaging behaviour; and encourage all workers to undertake training. There are workshop roadshows called "Code on the Road" currently happening throughout the country to provide information for individuals and support for organisations to utilise and implement the Safe to Create supports and code of behaviour. The first Code on the Road took place in Cork last week.

Report to Support is an anonymous reporting system designed to provide a facility for those working in the arts and creative sectors to report incidents of bullying, harassment and sexual harassment without the need to identify themselves or disclose sensitive and personal details. Information collected via the Report to Support pilot will be aggregated twice annually and will be used to inform the development and delivery of additional dignity at work supports such as training, policies, legal supports and counselling. This information will also inform the new research planned for 2023 and beyond. The Safe to Create website has information on steps individuals can take to make a formal or informal complaint on individual experiences.

A research programme of further study will examine the prevalence and impact of harmful behaviours in Ireland’s arts sector and measure the impact of the Safe to Create programme. The lead researcher is currently undergoing an analysis of methodologies to use that would be more inclusive of the intersectionality of ethnicity, disability, sexuality and how it influences harm within and across Ireland’s arts sector.

Monitoring and compliance will be led by funding bodies, the Arts Council and Screen Ireland, and by my Department. Organisations found not to be providing a safe working environment for artists and arts workers risk disallowing themselves from future funding streams. The Arts Council is introducing a condition that all funded organisations must adopt and implement the Safe to Create code of behaviour and undertake relevant online Safe to Create training. Screen Ireland similarly requires full legal compliance with all health and safety in the workplace and employment legislation. In addition, it requires funding recipients to maintain dignity at work policies that include appropriate action and grievance procedures to address employee complaints.

In the coming months, my Department and the Irish Theatre Institute will be working in partnership to implement and promote these supports, to monitor the impact of measures taken and to collaborate with appropriate agencies to build effective monitoring, accountability and oversight mechanisms for harmful behaviour in the workplace in the arts sector in Ireland.

Since becoming Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, I have recognised the importance of well-being for the creative sector. Minding Creative Minds is a free 24-7 mental health and well-being support programme for the Irish creative community and includes access to advice, counselling, legal advice, assistance, financial and budgeting advice, career guidance and life coaching and mediation. Minding Creative Minds has recently enhanced its services to include specialist trauma and abuse counselling care and support for victims of serious trauma and sexual abuse, in association with Spectrum Life. With additional funding provided by my Department, Minding Creative Minds also plans to provide access to new therapies in 2023 in addition to the mental health and ancillary supports it already offers. It also plans to develop and roll out a specific app for the creative sector that will readily enable users of the 24-7 well-being service to contact or chat with a qualified counsellor or psychotherapist. In addition, it aims to further expand its mentoring programme which has proved very successful, having provided 500 career mentoring hours to date.

The Safe to Create programme is a step on the road to transforming workplace culture and practices and to providing safe and respectful working conditions for those working in the arts. However, we know that harmful behaviours are not confined to the arts sector. In order to enact real change, cross-governmental co-operation is required. That is why my Department has been working closely with colleagues in the Department of Justice.

The third national strategy on domestic, sexual and gender-based violence was launched on 28 June by my colleague, the Minister for Justice, Deputy McEntee. The strategy incorporates the implementation of the Safe to Create programme, which is listed in the implementation plan. This third national strategy will cost €363 million and is built on the four pillars of the Istanbul Convention framework. The accompanying implementation plan contains 144 detailed actions for implementation this year and next year. This implementation will be ensured by strong oversight and co-ordination at central government level. A key element of delivering on the goal of the strategy is the establishment of a statutory domestic, sexual and gender-based violence agency under the aegis of the Department of Justice. This agency, to be set up in law, will be tasked with co-ordinating all Government actions set out in this third national strategy.

As Minister, I ask all parties in the arts, culture and creative sectors to engage with Safe to Create. Organisations sign the code and demonstrate the sector-wide desire to make our workplaces safer. I encourage everyone working in the sector at every level, including employees, the self-employed and those on boards, to undertake, and get certified as having completed, three free online training courses, specifically those on addressing unconscious bias, tackling bullying and harassment at work, and bystander training.

Before I conclude, I will acknowledge the efforts of the stakeholders involved who worked closely with my Department to make the Safe to Create programme happen, namely, the Irish Theatre Institute, Minding Creative Minds, the Arts Council and Screen Ireland. There was also constructive engagement from FairPlé. Also of note is the report of the Oireachtas Joint Committee on Tourism, Culture, Arts, Sport and Media, entitled A Safe and Respectful Working Environment in the Arts. It is closely aligned with the Irish Theatre Institute's Speak Up report and most of its 11 recommendations are being, or will be, addressed by the Safe to Create programme. I sincerely thank the committee for its support and engagement on this important issue.

I particularly thank the individuals who responded to the Speak Up survey.Their courage reminds me of the Jane Austen quote:

There is a stubbornness about me that never can bear to be frightened at the will of others. My courage always rises at every attempt to intimidate me.

Let me say to those who responded, it is their courage that has brought about positive change for the entire creative sector. From the outset, as Minister responsible for the arts, I wanted to send out a clear message that dignity in the workplace is the right of every artist and arts worker. While we know that these issues are not confined to the arts sector, through the Safe to Create programme we are working hard to change damaging behaviours. During this process I have heard first-hand that people have been suffering great trauma and harm. Inaction is inexcusable and I hope that this extensive programme of supports will encourage other sectors to follow suit.

As the old Irish proverb goes, anáil na beatha an t-athrú, that is, change is the breath of life. Tá sé tábhachtach go dtapóimid an deis seo anois le hathruithe a chur i bhfeidhm chun áit shábháilte oibre a chinntiú dóibh siúd ar fad atá ag obair in earnáil na n-ealaíon in Éirinn, anois agus sna blianta amach romhainn..

Photo of Erin McGreehanErin McGreehan (Fianna Fail)
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I thank the Minister. Before we move on I would like to welcome the boys and girls of Scoil Phádraig Naofa, their teacher Mr. Richard O'Regan and the tour organiser, Ms Colette Dineen. They are very welcome to Seanad Éireann. The next speaker is Senator Martin, who will have eight minutes.

Photo of Vincent P MartinVincent P Martin (Green Party)
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Cuirim fáilte roimh an Aire go dtí an Seanad inniu. Safe to Create is a pivotal and much needed dignity at work programme for people in the arts sector which has been strongly promoted by the Minister, Deputy Catherine Martin. Its goal is to impact change and the culture and practices of the arts sector in Ireland to provide safer working conditions for artists and arts workers. An article published last year detailed how approximately 10% of employees reported having been bullied or harassed in the workplace and that workplace bullying costs Ireland €239 million annually through lost productivity, not to mention the anguish and mental torture it can cause. The same study showed that workplace bullying can cause an increased chance of accidents occurring and increased consumption of alcohol, as well as putting a strain on personal relationships. A report launched by the Minister last year entitled, Speak Up: A Call for Change, found that 70% of people in the arts sector have experienced harmful workplace behaviours. It also found that freelance arts workers were more likely to face this than others and that people working in the dance sector were the most likely to experience harassment and bullying. It is therefore encouraging that the Minister has launched this initiative.

There has been wide consultation on the issue and it is brilliant to see the number of arts organisations that have already welcomed it. In particular the anonymous reporting system for artists will bring people comfort and empower them to report instances of bullying and harassment without fear. This support, as well as the well-being supports, access to legal advice, and a 24-hour trauma helpline will be a relief to people employed in the arts where these is often an unbalanced power dynamic.

The Oireachtas Joint Committee on Tourism, Culture, Arts, Sports and Media released a thorough report following publication of the Speak Up report and it is welcome that the Minister has acted on many of the recommendations within that report. I encourage all involved in the arts sector to look at the website and the code of behaviour, if they have not done so already, so they know what is expected of them and others they work with. I would also urge those who run arts organisations to sign up formally to the code of behaviour that is online to publicly declare their commitment to implementing it. This sends a strong signal to those working for and with them that bullying, harassment and intimidation are not tolerated in their organisation.

One aspect I particularly welcome in this initiative is the commitment to further research in this area. In Ireland, we sometimes fall into the trap of following policy-based evidence rather than evidence-based policy. This research, along with the Speak Up report and submissions to the Oireachtas joint committee will provide valuable information on the experience of those in the arts sector. We cannot solve a problem without knowing its full extent. The research will be carried out by the same team as the Speak Up: A Call for Change report team and will look into the intersectionalities of ethnicity, disability, and sexuality and their influences of harm within and across Ireland's arts sector. I look forward to the Minister continuing to engage further with the sector on those issues and to delivering real change. To conclude, as the Minister referred to in her opening remarks, the Safe to Create programme responds to a series of recommendations identified in the Speak Up report and is coordinated by the Irish Theatre Institute in partnership with the Arts Council, Screen Ireland and Minding Creative Minds. In my final conclusion I would like to acknowledge on the record of this House and convey huge thanks to every individual who responded to the initial Speak Up survey or who have ever spoken about harm they faced at work.

Photo of Tom ClonanTom Clonan (Independent)
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I thank the Minister for coming today. I want to make a brief appeal to her. I have received a number of representations from disabled artists and like every other artist in the country, they want to have a meaningful and self-supporting role in society and to contribute meaningfully to Irish cultural life and Irish art. However they face steep challenges. Without going into too much detail, Ireland, sadly, is a difficult place in which to have a disability. One in five persons with disabilities in Ireland experience consistent poverty and 27% of homeless people are disabled citizens, even though disabled citizens only consist of around 13% of the population. They are disproportionately impacted by homelessness, poverty, social isolation, sub-optimal medical outcomes and life limiting consequences not just because of their disability but because they are disabled in Ireland. We are outliers. I am sorry to say this but Ireland is the worst country in Europe to have a disability on so many different measures.

I know from personal experience, that is, from my own lived experience as a parent and carer to my son Eoghan, who has a disability, the huge challenges that just getting up in the morning, being able to get dressed, to toilet and to get out the front door with your clothes on is quite an achievement. Again, as outliers we are the only state in the European Union that does not have the legal obligation for the State or its agents to provide carer hours or assistant hours. We are also the only state in the European Union where there is no legal obligation on the State to provide therapies and supports. Recently there has been a legal requirement for an assessment of need but there is no legal requirement in Ireland for the State to then act on that assessment of need and provide the supports. Disabled citizens in Ireland are at a huge disadvantage and we need to recognise that disadvantage and that difference.

When it comes to supports for disabled artists I have received a number of representations including, for instance, from Ms Emilie Conway of the Disabled Artists and Disabled Academics, DADA, which is campaigning for cultural and social inclusion. That group makes the point that as disabled artists, if they get an award from the Arts Council to help to develop their artistic contribution, they can have their blind pension or their disability allowance abated. Ms Conway has made a number of representations to the Minister's colleague, the Minister for Social Protection, Deputy Heather Humphreys, as I have. The reply I get from the Minister and her Department is that they treat everybody the same and that is where the equality lies; that it would be unfair to give an extra allowance to an person or an artist with a disability as opposed to a so-called able-bodied person who is receiving a social welfare payment. The suggestion is it would be unfair to give the disabled person the extra bit of support.I appeal to the Minister to talk to her ministerial colleague, the Minister for Social Protection, Deputy Humphreys, and to tell her that equality is not about treating people the same; it is about recognising the difference and the extra challenges that disabled persons face in Ireland. It is to recognise that difference but scaffold it and provide support. The State will not go bankrupt if we give disabled persons that little bit of extra assistance. One is not going to get hundreds of thousands of people suddenly demanding this extra resource. It is a very simple and modest request that the Government supports disabled artists.

Again, I know from my own lived experience as a family that isolation is a terrible outcome from having a disability in Ireland. As an artist, one wants to participate in and contribute to the cultural life of the nation. We have a very strong tradition in Ireland because there has been a disproportionate contribution made to the arts by disabled artists such as James Joyce and other artists. In fact, there are too many to mention whose disability or difference has brought a unique perspective or unique creative dynamic to the artistic space and benefits everybody.

We have had a similar conversation about supports being given to disabled entrepreneurs and the same concerns arose. I mean that disabled entrepreneurs cannot avail of personal assistant hours to help them in the workplace. Again, the response that we got from the Department of Public Expenditure and Reform is that all entrepreneurs are treated the same. Like entrepreneurs and artists, disabled entrepreneurs and disabled artists make the same appeal that they cannot be treated the same, they must be treated differently and must be given the extra supports and help they need.

Since I came into this House in March of this year, I have not met one Deputy or Senator who does not want to help disabled citizens but there is a lacuna here. I appeal to the Minister present, the Minister for Social Protection, Deputy Humphreys, and the officials in their respective Departments to put their heads together and sort out this anomaly and allow disabled artists to avail of extra supports. In certain cases, such support might bring disabled artists over the income threshold of €140 a week, but so what? Consider the challenges that disabled persons face to even get out the door in the morning with their clothes on. Moreover, as Ireland has signed up to the UN Convention on the Rights of Persons with Disabilities, we are supposed to proof all of our legislation and policies in the spirit of that convention. I know that the Minister is a person of absolute good faith and, therefore, I ask her to do whatever she can to assist us in that matter.

Photo of Malcolm ByrneMalcolm Byrne (Fianna Fail)
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I agree with my colleague, Senator Clonan, on the importance of involving artists with disabilities. He has made his points very well. I know from talking to artists with a disability that they are concerns that are reflected within the sector.

I thank the Minister because she personally is very invested in this matter. When she appeared before our Oireachtas committee, she provided real leadership on this issue. She has put her money where her mouth is and taken on board the recommendations made by our committee, and the Irish Theatre Institute. She has provided real leadership within this sector.

I thank everyone on the committee who did the work. In particular, I single out my colleague, Senator Warfield, for playing a leading role within the committee specifically around this issue. We worked in a very collegial way on something we think is extremely important. I was quite influenced by the testimony of many of those who came forward, and some with great bravery, to talk about their own personal experience. Oireachtas committees often deal with legislation and policies, and we debate where funding should go and so on. However, it is difficult for people to share their personal experiences and that informed our report and, indeed, influenced the approach taken by the Minister.

The arts, creative and cultural sectors should be fun, enjoyable and engaging places in which to work. Anybody who gets involved should always feel safe in such environments. In the majority of cases most people do feel safe but, unfortunately, we have had quite a number of cases where people do not feel safe. As Senator Martin has said, in many cases this is because of the power dynamic. For artists, particularly emerging artists, one of the challenges they face, and often when they seek work and support, is that they must deal with individuals who are in much more powerful positions and they really often depend on those individuals to give them a break. I think what the Minister has done by creating the Safe to Create programme is to provide a safe space, ensure there is a balance and, most importantly, that everybody within the sector understands their obligations.

In many ways, one often hopes that there is never a need for dignity at work code. In an ideal world there would not be a need because we would know how to behave and interact, plus somebody who is in a position of power or responsibility would act as a mentor and encourage the young and emerging artists, and would not abuse his or her position but, unfortunately, we need the code. I commend the Minister on establishing the code. A lot of thanks are due to her, her officials and all of the stakeholders within the sector for the code but we also need to remember those in the Irish Theatre Institute and others who were brave enough to speak out in the first instance. We need to roll out the programme. There must be implications for organisations that do not take the code seriously. We also need to use State funding in a responsible way and if organisations do not take the code seriously then we need to withhold State funding.

l, again, commend the Minister and her officials on the work that they have done on the code. I am sure that she will find any support she needs in a cross-party way.

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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Senator Kyne is next. He wishes to speak for five minutes and give the remaining three minutes to Senator Emer Currie. Is that agreed? Agreed.

Photo of Seán KyneSeán Kyne (Fine Gael)
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I welcome the Minister. Today, I am speaking in place of my colleague, Senator Carrigy, who unfortunately cannot be here. He would like me to convey his thanks and acknowledgement of the Minister's support for this initiative, and the debate and work that has taken place within the committee. He highlighted the fact that the recommendations in the report are to be initiated as part of this programme. The committee has heard very powerful testimony and he asked me to say that the Minister has taken on board the concerns that were raised at the committee meeting.

Senator Malcolm Byrne talked about the arts sector being a fun place and of course it is, certainly outwardly, but like any organisation, arts organisations can be stressful places due to deadlines to meet and various pressures. In some cases, if one is doing an outdoor event, one must worry about the weather, which is obviously an issue in this country. One has funding issues. One worries about ticket sales and attendance rates. These are pressures experienced by arts organisations but that is no excuse for any impact on workers in the form of bullying, harassment and of course sexual harassment.

A report has been published and the plans that the Minister has initiated are very welcome. They provide a platform that highlights the responsibilities of organisations. I have looked at the Safe to Create website and found it very informative, which I am sure it will be both for artists and organisations in terms of identifying what they need to do. I have noted that organisations are asked to produce reports in terms of the Dignity at Work programme. I see that the Minister has stated that if organisations do not adhere to the code, there can be an impact on future funding, which is important.I imagine all organisations will but, as something new, it would be the responsibility of the board and the organisation to ensure a dignity at work policy is compiled.

I welcome the initiative the Minister took with the anonymous survey. There was a high number of respondents, more than 1,300, and a set of recommendations. That led to the report and to the work that is ongoing. That has shown leadership. It is important the recommendations are taken on board on the strengthening of reporting, the consequences, as the Minister outlined, for non-compliance, and building capacity and investing further in the area.

I note the workshop roadshows taking place. There is one in Galway now, possibly ending in the next few minutes, in the Harbour Hotel. I hope that was well attended as part of the roll-out throughout the country. Is it envisaged there would be a deadline with these roadshows? For how long will they be taking place or are they ongoing? Will they be repeated? Will the dignity policies require to be updated? I know there will be monitoring and compliance, but what feedback will come to the Minister? Will it go to the Minister, or where will it go, about all the organisations?

The website is informative and lists a number of descriptions and areas relating to bullying, harassment and sexual harassment. Much of it, one could argue, is obvious, but we saw across the water yesterday a high-profile resignation from Cabinet because of text messages. It is important people know what form bullying and harassment can take. Some people may not be aware, though they should be. Having it written down in black and white so that everyone knows their responsibilities is very advantageous in terms of providing safeguards and safe workplaces for workers. We have often talked about our own roles in dignity at work policies. I commend the Minister on the initiatives taken to ensure arts organisations are complying and providing safe workspaces. They should be joyful places to work but are stressful as well.

Photo of Emer CurrieEmer Currie (Fine Gael)
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The Minister is welcome. It is obvious from her presentation that she has invested much work in this. Well done on securing €500,000 in the budget. I like proposals like this because it is not just a strategy. The Minister is backing it up with the mechanics of how it will work in a 360° approach. I wish all of our strategies were as clear-cut as to how we will address cultural changes and backing that up with the code and regulations around it, the expectations and the recognition that there is more work to do.

It is significant in the year we introduce the third national strategy on domestic, sexual and gender-based violence that we have introduced this Safe to Create programme to a specific sector. Dignity and respect should be a given in any workplace for everybody but, unfortunately, that is not how it works. In certain professions, the more competitive it is, the more it is perceived you are lucky to have made it or to be trying to, and the more difficult it is means sometimes people think certain behaviours are acceptable when they are absolutely not. Bad behaviour seems sometimes more prevalent in areas that are more competitive. There should be no tolerance of that. It is recognised in the report and in what the Minister said today that women can be vulnerable, as can minorities. We see that across the board. In the arts sector, the Minister has recognised that today.

I am here to try to represent Senator Carrigy and all the work done in the committee to support the progress of the report. I will reflect on that 360° view, the education and training, the code of behaviour and the research required for minorities. It is great that Minding Creative Minds is involved, offering mental health support, and that there is a reporting system. The Arts Council and Screen Ireland are putting in a condition that people must adopt the Safe to Create code of practice and undertake the online Safe to Create training. My colleague Senator Kyne said organisations risk disallowing themselves from future funding if they do not abide by the code and standards, and I completely concur with that.

Photo of Fintan WarfieldFintan Warfield (Sinn Fein)
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I thank the Minister for enabling this debate and these contributions. It is always important and welcome when feminism finds its way into our public policy. I thank all the witnesses who appeared before the Joint Committee on Tourism, Culture, Arts, Sport and Media. Harmful behaviours, including bullying, humiliation, harassment, sexual harassment, assault and sexual assault, are not the preserve of the arts but constitute a societal issue. However, the work and activism of women in traditional and folk music through FairPlé and MiseFosta, including Úna Monaghan and Karan Casey, have been a huge inspiration to me. They should be commended on and thanked for it. They put their careers on hold and distracted from their careers and from the work of making art and music in order to support fellow women in the arts and culture who needed somewhere to go to tell their story. In many ways, FairPlé and MiseFosta women became the go-to place for people to share their stories. That is a huge burden to place on individuals who should be making music and contributing to the cultural life of our country.

The Minister's support, alongside that of the Arts Council, has enabled the Irish Theatre Institute to develop this report, Speak Up: A Call for Change, which is a beautiful document. It highlights the importance of research, because through the austerity years, we had an absence of research into the arts. Money had to get out as quickly as possible directly to artists to make work. Research was probably forgotten for many years. I commend the Minister on embracing the issue, putting money behind it and enabling that research. The work of Jane Daly, Siobhán Bourke and the Irish Theatre Institute must be commended. That showed the time for action was now.

As I have said before, I hope by engaging with the issue the Oireachtas committee has contributed to recommendation 1 of the call for change report.As I have said before, men, the male colleagues of these musicians and artists, need to come to the table. As we know, these supports are entirely built on and informed by the findings and recommendations in the Speak Up report. I again commend Jane Daly and Siobhán Bourke but also the 13,000 people, primarily women, who came forward to tell their stories. Their courage in speaking out will lead to a safer and more respectful working environment for all. Without their brave and selfless decision to speak up, this would not have been possible and we owe them the greatest debt. I also extend my thanks again to the Irish Theatre Institute. This comprehensive and ground-breaking analysis of the experience of bulling and sexual harassment for those working in Ireland's arts sector has provided the framework and recommendations upon which these supports are based. I am confident this report and subsequent reports will not only result in a cultural shift in attitudes and behaviour in Ireland but also provide a framework for the arts sectors in many other jurisdictions around the world.

I also acknowledge and thank the Minister for the commitment she has shown in acting swiftly on these recommendations. She has proven she is up for this and I commend her on it. Far too often, reports are left to sit and gather dust but the Minister's strong and committed leadership in this regard sends a clear message that negative behaviours will no longer be tolerated. Having visited the website safetocreate.ie, I am delighted to see the range of easily accessible and practical information that is already available to both individuals and organisations seeking guidance and support. I am particularly pleased to see the range of online training programmes developed specifically for the creative sector and am further heartened to see the Code on the Road workshops have already begun; with one taking place in Cork last week and a further three scheduled in Galway, Dublin and Sligo this month. Proactively reaching out to individuals is a vital step to achieving widespread cultural reform and I hope such workshops will soon be replicated across the country.

I am also encouraged by the strength and support of these measures within the industry. As we know, cross-sectoral and multidisciplinary leadership is fundamental to the development of a zero-tolerance approach across the sector. I therefore thank the figures for their public support to date and encourage them and others to continue to speak publically about the need for immediate cultural change in their respective sectors. I once again thank all those who have been involved and hope the Minister will continue to show her sincere commitment to the elimination of such harmful behaviours in the arts by expediting the provision of support services for victims of such behaviour including one-on-one counselling, access to legal advice, and a 24 hour trauma helpline. I express my sincere hope that this will not be the end of such work but instead a building block upon which further research into the prevalence and impact of harmful behaviours in Ireland's arts sector will be built. I know that is something about which the Minister is adamant.

The only question I have is about monitoring and compliance. The Minister has spoken about this being led by bodies such as the Arts Council and Screen Ireland, as well as by her Department and that there will be range of measures around conditionality of funding. Will the same compliance and conditionality be attached to funding the Department's funding partners, that is, the big organisations that receive funding directly from the Department? Can we expect, as far as possible, a standardised process of conditionality around funding between the Department's funding partners, and between the Arts Council and Screen Ireland?

I again thank the Minister for coming to the House. I am just out of time.

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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I will take the opportunity to welcome our guests to the Seanad this afternoon. We hope they find this interesting.

I now move on to Senator Black, who has eight minutes.

Photo of Frances BlackFrances Black (Independent)
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I warmly welcome the Minister to the Chamber. I agree with my colleague regarding disabled artists and it would be great if we could start up the conversation around getting those extra supports. I am really pleased to be able to speak on this incredibly important issue. I pay tribute to the incredible creative activists who brought this issue to the public's attention. Theirs is a struggle that has required bravery, integrity and solidarity and we owe them a great debt.

Photo of Tom ClonanTom Clonan (Independent)
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Hear, hear.

Photo of Frances BlackFrances Black (Independent)
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As a woman, a musician and a politician, the stories that have come out about the harassment, bullying and mistreatment have had a deep impact on me. I am thankful I never experienced abusive treatment during my own music career. I was surrounded by many caring and protective people, including members of my family. I felt very safe but it is sad to say I was probably one of the lucky ones. It is sad to think that way; even though I was safe, I was just one of the lucky ones. It is heartbreaking to hear about young creative people who have been deprived of their ability to be creative because of this awful abuse and cruelty. Everyone deserves the right to creative expression and a dignified and safe workplace; these rights are absolutely non-negotiable.

I commend the Minister, Deputy Catherine Martin, and her officials highly on the launch of the Safe to Create programme. She is deeply committed to the welfare of artists and has fought hard for us within the Government. I thank her personally for that. I am certain many of the supports made available under this programme, particularly the helpline, access to legal advice and the anonymous reporting system, will really make a difference to people who are struggling. It is good and really powerful to see the Government commit to action in this area but more needs to be done. I can safely say there is no better woman for the job than the Minister.

A few weeks ago, I attended the launch of the new report of the Joint Committee on Tourism, Culture, Arts, Sport and Media, entitled A Safe and Respectful Working Environment in the Arts. It is a powerful document and I commend my colleague, Senator Warfield, and everyone who worked on it. The report is enriched by the powerful testimony of witnesses representing organisations such as Safe Arts of Ireland, Fair Plé and the Irish Theatre Institute among many others and it contains a number of tangible, practical recommendations to guide the Government as it takes further steps to deal with these issues. One of the key recommendations of the report is conditioning public arts funding on adherence to anti-harassment and workplace dignity protocols designed to protect artists and creatives from abuse and to ensure people alleging mistreatment are treated with care and respect. This is something the Government can do to ensure the safety of arts workers. Public funding for the arts is vital but it can be used as an effective means of making change in fields and institutions that can be resistant to change.

A common feature of many of the stories we have heard about abuse and mistreatment in the arts sector is the role that people’s precarious employment relationships and finances have played in preventing them from coming forward or from leaving abusive situations. We need to combat the racist, sexist and homophobic ideology contributing to abuse and harassment, but we also need to combat the inequality and precarity underpinning it. People in desperate positions struggle to make their voices heard. People working in the arts fear they will be blacklisted if they speak out and an already uncertain career will be rendered totally unviable. If we want to empower people to stand up and resist mistreatment, one way this could be done is by expanding the basic income for artists pilot scheme; ensuring the effective and confidential resolution of complaints; combating predatory precarious work in the sector; and ensuring victims of workplace bullying or sexual harassment have access to justice. Access to justice is a constitutional right and we all know that but has it been adequately vindicated in this area?Workplace bullying and sexual harassment cases are largely dealt with in the Workplace Relations Commission, WRC. Aggrieved workers can take cases without the need for legal representation, as there is no provision in our civil legal aid regime for representation at the WRC. This has been spun as increasing the accessibility of justice, but it is not. The institutions and the firms these workers are seeking justice from come to the WRC with a legal team in tow. The equality of arms that has been central to our common law understanding of justice is totally lost. A review of the civil legal aid regime is ongoing. This is a major issue that needs to be addressed if we want to tackle bullying, harassment and abuse in the workplace across all sectors. That is just by the way.

I am very glad to see the first steps that are being taken in this area. It speaks volumes about the passion and determination of the activists but also the Minister's own passion and determination, which I warmly welcome. The activists got the ball rolling and the Minister has shown a willingness to listen and to act. We now need to harness this momentum to truly protect artists, creatives and all workers. I again thank the Minister and her officials for the great work they have done. I know they have done phenomenal work.

Photo of Tom ClonanTom Clonan (Independent)
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Hear, hear.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I thank the Minister for coming to speak about this informative programme today. I compliment her and her officials in the Department on all the work they have done in regard to it to date.

No matter what walk of life we are in, respect and dignity in the workplace are something we all aspire to, but it is not always a given in every workplace. I welcome the creation of the website, which is informative, not only for individuals but for groups in terms of mentoring and the mental health aspect. There is legal advice and so much other information on the website that is good and is appreciated by artists. The life of an artist can be very lonely. Some artists work in isolation, while others work in groups or are engaged in the performing arts or the digital arts. There are many variations but the Minister has covered a lot of areas in the information that has provided initially on the website.

I also welcome the fact that roadshows are part of the programme. I note there will be two in the west and one in Dublin. It would have been nice to see one in the mid-west or the south as well. Perhaps the Minister could consider one of those areas for the next roadshow because there are a lot of artists' communities in the Munster region.

When the Minister spoke earlier, she referred to further research that will be carried out to ensure more inclusivity and to cover ethnicity, disability and sexuality. Further research is being conducted and a report will be forthcoming. When does the Minister envisage the report will be ready? I presume that will feed into the next phase of the roll-out of the programme. Overall, the Minister has put a lot of work into the programme and it is something that will be beneficial to many people, especially artists. I know of one very talented young artist ,who is not of Irish origin but because of comments made to him he gave up painting, which is very sad. If a support mechanism like this had been in place it might have helped him along the way. Many people tried to work with him and to encourage him and recently he went back to his art, having been away from it for many years. He lost out of many years where he would have benefited from being involved in the arts. This is a very helpful tool that will help artists right across the board. I compliment the Minister and her team and wish them every success. I look forward to hearing about the next phase.

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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I begin my concluding remarks by thanking Senators for raising this matter for discussion. I welcome the opportunity to speak to Members and to hear their contributions on this important issue. Since I became Minister with responsibility for arts and culture, I have striven to bring about positive change. The arts is an area that has always held a special place in my heart. I am pleased that in my time in the Department I have managed to bring about change that I hope is of value to those who work in this area. In the case of the Safe to Create programme, it is not just of value as the changes are so badly needed. As Senator Black said, she was lucky. We are very proud to have her in the Seanad. She is such an accomplished singer, as are others in her family. It should not just be a case of being lucky, it should be the norm and the standard. If we are a country that is so proud of our artists, they should feel safe in their workplace. I hope this will help to deliver that safety.

I will go through the contributions of Senators before I sum up. Senator Martin spoke first. I am glad that he placed emphasis on the signing of the code, because that is a key part of the delivery of the programme. The proposals for research in 2023 have already been received by my Department. As Senator Warfield said, the research must be ongoing. It is not just a case of doing it once, it must be a continuing process.

I thank Senator Clonan for raising the important issue of disability. I am fully aware of the issue. His contribution was based on his lived experience and was very eloquent and heartfelt. I also have met Emilie Conway. She is an inspiring person. My Department and the Arts Council are engaging with officials in the Department of Social Protection and I have also made representations to the Minister of State with responsibility for disability, Deputy Rabbitte, on foot of the meeting with Emilie. Although this issue is primarily one for the Minister for Social Protection, it is my goal to support all artists in every way possible. We will continue that engagement.

I thank Senator Malcolm Byrne for the work he did on the committee to inform this important subject. When the report was launched, Members mentioned that Senator Warfield in particular drove it. I commend him on putting the issue centre stage. That was recognised by the members of the committee. I like the idea Senator Malcolm Byrne had about mentors and leaders in this area. I fully agree with what he said about organisations that do step up and adopt the code. He will find that any organisation will find cold comfort the next time it applies for funding if it has not signed up.

I am delighted that Senator Kyne visited the Safe to Create website. I will pass his kind comments to the Irish Theatre Institute. The Code on the Road workshop is in Galway today. It will be in the Clarence Hotel in Dublin this Friday and Sligo next Monday. I can inform Senator Maria Byrne that it was in Cork last week so it has been to the south.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I thank the Minister.

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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Senator Kyne asked if it will continue. It is our intention that the Code on the Road workshops will continue next year. It will be expected that the boards of organisations would formally adopt the code. Next month we hope to be able to publish an initial tranche of early adoptees of the code.

I reiterate Senator Warfield's thanks to the 1,300 brave people who responded to the survey that informs the actions outlined today and to the many people who have spoken out in recent years. They have been so courageous in speaking of their personal trauma in an effort to change it. The work of the committee, my officials, the Irish Theatre Institute, the Arts Council and fantastic organisations such as Mise Fosta and Fair Plé, which have engaged, are changing the situation for the better. I acknowledge that it was difficult and brave for those individuals to speak up.In response to Senators Black and Warfield, the Speak Up report referred to the lack of accountability for organisations perpetrating or covering up harmful work behaviours, and the Senators asked what kind of accountability I am putting in place to ensure they do not receive State funding. The majority of funding to the arts sector is done through the Arts Council and Screen Ireland, agencies that are independent in their funding decisions. Both the Arts Council and Screen Ireland are leading on this by modifying their conditions of funding so that organisations that are found not to be providing a safe working environment for artists and arts workers will disqualify themselves from future funding streams. That is the key action that may make people stand to attention. All employers and organisations in the sector are being encouraged to adopt the code. My Department officials are also in discussion with colleagues in government, including the Department of Justice, particularly on the third national strategy.

To return to the programme itself, as I have already outlined, the plan supports that Safe to Create platform. I encourage Senators to spread the word about it. The web address is safetocreate.ie. The well-being and support service provided by Minding Creative Minds is free and provides valuable advice, counselling, legal advice and a 24-hour trauma helpline. I urge Senators to tell everyone in the arts sector that this is here and it is free. It is a free and invaluable service. Based on our engagement with the sector, this is what they needed and wanted. On a training programme developed specifically for the arts and creative sectors on dignity at work issues, all the courses are free and online. On the code of behaviour I mentioned, the Code on the Road workshop roadshows, more research is key to keeping this up to date and to ensuring all the actions reflect what is needed as well as the monitoring and compliance. Since its launch on 5 October, the Safe to Create team has been working to embed dignity at work everywhere in the sector. For example, Ireland Music Week made the code of behaviour the pledge of its festival in October. This was valuable marketing to raise awareness of Safe to Create in the music sector. The Irish Theatre Institute was invited to speak about the Safe to Create programme at Theatre Forum's Tomorrow Together conference in Cork. The Arts Council has arranged an art form resource organisation meeting on 22 November, and the Irish Theatre Institute will present to that meeting about Safe to Create. The Arts Council is also looking at organising other Safe to Create meetings for its funded bodies in the first half of 2023. In the coming months, my Department and the Irish Theatre Institute will be working with its partners to implement and promote these supports to monitor the impact of measures taken and to collaborate with the appropriate agencies to build effective monitoring, accountability and oversight mechanisms for harmful behaviour in the workplace in the arts sector in Ireland.

I thank Senators for their contributions. I return to the brave people who made this change happen, those who work in the sector. Those contributions have been the catalyst of change the arts sector very much needed. I remind organisations to sign the code and individuals to do the training courses. The three dignity at work courses take about an hour each. We have made great progress, but this is the start of a journey that was badly needed to be taken. There is a lot still to be done in the sector and in the programme, and I am absolutely committed to it.

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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I thank the Minister. We do not doubt her commitment and appreciate her work in the area very much, as doubtless do the artists to whom we are referring. I ask the Acting Leader to propose the suspension of the House until 2.30 p.m.

Photo of Maria ByrneMaria Byrne (Fine Gael)
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I so propose.

Photo of Fiona O'LoughlinFiona O'Loughlin (Fianna Fail)
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Is that agreed? Agreed.

Cuireadh an Seanad ar fionraí ar 1.55 p.m. agus cuireadh tús leis arís ar 2.30 p.m.

Sitting suspended at 1.55 p.m. and resumed at 2.30 p.m.