Holly Cairns (Cork South West, Social Democrats)
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158. To ask the Minister for Finance the way his Department and public bodies and agencies under his remit fulfil their obligations section 42 of the Irish Human Rights and Equality Commission Act 2014; and if he will make a statement on the matter. [34854/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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Section 42 of the Irish Human Rights and Equality Commission Act 2014 places a positive duty on public sector bodies to have regard to the need to eliminate discrimination, promote equality, and protect human rights, in our daily work. Specifically, in my Department this is evident in our strategic planning processes, annual review of the Governance Framework, ongoing training offered to staff and in assessing impacts as part of our policy development. A training programme on Unconscious Bias, Inclusion and Diversity has been rolled out this year; this training is a continuation of unconscious bias training completed in 2018 and will build on the foundations already put in place. My Department participates in the Equality Budgeting Advisory Group, led by the Department of Public Expenditure and Reform, which is currently focussed on progressing the recommendations of the 2019 OECD policy scan. My Department is also a joint sponsor of the ongoing work on well-being measurement, with the goal of creating a broader context for policy-making, inclusive of aspects such as equality and human rights.

My Department’s recently-published Statement of Strategy for the period 2021-2023 reflects our obligation under Section 42 of the Act. Implementation of the Public Sector Duty has an important role to play in supporting public bodies to respond positively to growing diversity in Irish society. In reflecting our equality and human rights assessment pertaining to the Department’s purpose and functions, the following forms part of the objectives in the new Statement of Strategy:

“In embedding our Public Sector Duty obligations, we will continue to develop the process of budget and policy proofing as a means of advancing equality, reducing poverty and strengthening economic and social rights”.

With regard to those bodies under the aegis of my Department that have obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014, details can be found below.

The Central Bank of Ireland is aware of its obligations under Section 42 of the Irish Human Rights and Equality Commission 2014, and is committed to delivering on its Public Sector Equality and Human Rights Duty. The Bank’s Strategic Plan 2019-2021 sets out commitments in this regard, on which an annual assessment is conducted, and reported on in its Annual Report. The Bank is currently developing its next Strategic Plan (2022-2024), and is considering its responsibilities under Section 42 of the Irish Human Rights and Equality Commission Act 2014 as part of its development. Recent engagements with its stakeholders as part of this strategy development, including a public engagement, explicitly sought views and input from stakeholders regarding its public sector human rights and equality duty.

Home Building Finance Ireland (HBFI) has a Customer Service Action Plan Charter 2020-2023 available on the its website which states that it is committed to treating all customers equally and in accordance with relevant legislation; ensuring that there is no discrimination on grounds of gender, civil status, family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller community, and creating staff awareness of the importance of equality and diversity in their interactions with customers through information sessions and training. HBFI operates to best practice standards in its dealings with customers/stakeholders and complies with all legislation pertaining to Human Rights and Equality.

The Irish Financial Services Appeals Tribunal (IFSAT) performs a specific function in respect of persons or bodies who wish to appeal specific appealable decisions of the Central Bank of Ireland. In accordance with IFSAT’s obligations pursuant to the 2014 Act, and having regard to its functions, purpose and size, IFSAT has assessed the human rights and equality issues it believes to be relevant to its functions and purpose, and has plans and actions in place to address any potential accessibility issues. All steps to be taken in accordance with that plan will be documented in its annual report.

The Irish Fiscal Advisory Council works to ensure the elimination of discrimination, promotion of equality of opportunity and protection of the human rights of those with whom it liaises and with its employees when carrying out its activities. This is informed by relevant legislation and is underpinned by its Code of Conduct, Communication, HR and Recruitment policies and procedures. In its operation, the Fiscal Council works to ensure that no member of the public, stakeholder or employee suffers discrimination in interactions with it under any of the protected grounds

The Financial Services and Pensions Ombudsman (FSPO) is committed to fulfilling its obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014 in order to eliminate discrimination, promote equality of opportunity and to protect the human rights of those it provides services to and its staff. In accordance with Section 42 of the Act, the FSPO has committed to considering and addressing any human rights and equality issues relevant to its functions both in its current and next Strategic Plan, and will report on progress in its annual reports.

The National Asset Management Agency (NAMA) adheres to its statutory obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014 to eliminate discrimination, promote equality of opportunity and to protect the human rights of staff and service users. Its 2020 Annual Report and Financial Statements set out the ways in which NAMA adheres to these obligations.

The Strategic Banking Corporation of Ireland (SBCI) is committed to treating all customers equally and in accordance with relevant legislation. It is committed to ensuring that there is no discrimination on grounds of gender, civil status, family status, sexual orientation, religious belief, age, disability, race or membership of the Traveller community; and creating staff awareness of the importance of equality and diversity in their interactions with customers through information sessions and training. The SBCI operates to best practice standards in its dealings with customers/stakeholders and complies with all legislation pertaining to Human Rights and Equality. Any obligations arising pursuant to Section 42 of the Irish Human Rights and Equality Commission Act 2014 that relate to staff may be found in the NTMA response as the NTMA assigns staff to SBCI.

The National Treasury Management Agency (NTMA) Corporate Strategy, which is reviewed and updated on an annual basis, contains targets and deliverables to reflect progress on key projects and initiatives, particularly in the area of inclusion & diversity. As part of the strategic review for 2021, a target was formulated to ensure the NTMA complies with the requirements of the Public Sector Equality and Human Rights Duty. The NTMA has several policies in place to support employees including a Dignity and Respect policy, a Workplace Equality policy, and a Gender Identity and Expression policy, as well as partnering with external organisations to promote the employment of people from underrepresented minorities. The NTMA also provides business and support services and systems to HBFI, NAMA and the SBCI. HR services are one such service provided to these bodies

The Office of the Comptroller and Auditor General has committed in its Statement of Strategy 2021 – 2025 to formally assess compliance, as an employer, with human rights legislation during the period 2021 -2022. While an initial internal assessment has been carried out, this external assessment will robustly confirm the Office’s adherence to Section 42 of the Irish Human Rights and Equality Commission Act 2014. Work has commenced on this deliverable and the assessment should be complete by year end 2021.

I am advised by the Office of the Revenue Commissioners that it fulfils its obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014 through a culture of equality and fairness, in line with its core values as set out in its Statement of Strategy 2021 – 2023. Revenue recognises the mutual rights and obligations of the organisation and the customers it serves in its Customer Service Charter. Its Employee Engagement Charter sets out the mutual obligations and expectations of the organisation and its staff in a similar manner. Revenue sets out details of policies, plans and actions to address relevant equality issues in its Public Sector Duty Action Plan and reports on them in its Annual Report.

The Tax Appeals Commission (TAC) is committed to continual review of its policies and procedures to ensure compliance with the obligations under Section 42 of the Irish Human Rights and Equality Commission Act 2014, demonstrated in its Statement of Strategy 2021-2024. The TAC places a strong emphasis on the right to fair procedures, equal access and equal treatment in all aspects of its functions for both employees and those who engage with the organisation. The TAC contacts every participant intending to visit the office for a hearing in advance, to ascertain if any special needs are required and makes accommodation accordingly. The TAC’s obligations under Section 42 of the Act are included in its annual report.