Thank you Professor Keogh for the kind words of introduction and to Dr. Gallen and Dr. Ní Mhuirthile as organisers of the Conference. I would also like to thank all of the DCU Socio-Legal Research Centre for the invitation to be here and for the fascinating programme you have put together.
When I first looked through the programme I was enthralled to see that almost the full range of social issues that I have currently direct responsibility for will be discussed here today. Delivering the opening address to a Conference with such a line-up of experts is both an exciting and a daunting prospect!
As you know, the concept of vulnerability raises profound political, moral and philosophical issues, on which there isn’t ready agreement. Our first panel discussion – Interrogating Vulnerability – will tease out these issues in more detail but I would stress that that particular panel discussion is key to our discussions here today, underpinning our arguments on how we, collectively, and the State, define vulnerability and respond to vulnerable groups.
When I look back at the legacy issues we have been grappling with in Ireland over the past decade or so – for example, children’s institutions, mother and baby homes and the position of women in the Magdalen Laundries – I am sometimes not sure if the problem was a State that was not responsive enough and failed to protect the vulnerable, or a State that was too responsive to the moral codes and mores of the time, too responsive to the worldview of dominant institutions in religion, in the law and in the medical professions which was shared as the dominant worldview of society as a whole.
We have worked our way out of that rather dark past by developing a State that is more responsive to those who are victims and marginalised and less responsive to dominant institutions, though I accept this is still a work in progress.
Cross-government approach to protecting the vulnerable
I come across many of the vulnerable groups being discussed here today in my everyday work and especially now in the run up to the Budget as interest groups submit their pre-budget submissions. Despite their distinct vulnerabilities, common themes stand out across many of the groups. And for me, the importance of equality of opportunity stands out as an overarching theme uniting them all.
After many weeks of Programme for Government negotiations, I’m glad to say that the final document published in May included some important commitments to build a fairer society. The introduction of the Programme for Government envisages “A new Government working to give every person equality of opportunity in a fair society.” That’s a mission statement any Government should be proud to pursue. I acknowledge that ‘equality of opportunity’ is an easy phrase to throw around and I will leave the arguments surrounding ’meaningful equality of opportunity’ to the next session. But I will be working to ensure this Government remains totally focussed on working to banish disadvantage and replace it with opportunity.
Cabinet Committee on Social Policy
The Cabinet Committee on Social Policy is charged with delivering a whole-of-Government approach to the needs of a range of vulnerable groups in society, and an integrated and coherent approach to delivery of services to meet the needs of such groups.
This central Government coordination mechanism has been augmented by the commitment in our Programme for Government to put an overarching social inclusion framework in place and to equality proof our budgetary proposals. The Irish Human Rights and Equality Commission is named as a key partner in that process and these two new initiatives will be a particular focus of our work for vulnerable groups in Irish society over the life time of this Government.
Irish Human Rights and Equality Commission
As you know, the Irish Human Rights and Equality Commission is a strong and independent National Human Rights Institution to give independent oversight and advice on our record in protecting those who are most vulnerable. The strength of its mandate and its structural independence as set out in its founding Act have been recognised by the UN and we were delighted when IHREC was accorded ‘A’ Status by the competent Committee late last year.
A significant innovation in the founding Act is the introduction of a positive duty on public bodies to consider human rights and equality in their work and conduct their business in a manner that is consistent with individual human rights. The Commission will assist public bodies to comply with the positive duty, including by producing guidelines and codes of practice. This will lead to the systematic integration of an equality and human rights perspective into the everyday work of public bodies. The programme of training for public servants, which the Commission will roll out will build on the work of the former Human Rights Commission and Equality Authority.
Work of the Department of Justice & Equality
There is also significant work underway in my Department and across government in protecting those who are most vulnerable in our society.
· Formal legislative and indeed constitutional change is important in affirming the value of various groups in our increasingly diverse society. The work we undertook in reforming our laws on children and family relationships is an example, but the most obvious example of the transformative power of affirmative constitutional change is of course our successful marriage equality referendum.
Ratification of the UN Convention on the Rights of People with Disabilitieswill be a similarly symbolic moment for people with disabilities.
· Consultation with people directly affected or directly concerned by policy is a core value for us. Consultation is at the heart of how we are currently developing new Inclusion Strategies for people with disabilities and for Travellers and Roma. We have looked afresh at how we engage with these sectors of society and their representatives and putting new responses in place that will, we intend, have a real impact for the better. For example, a new Disability Inclusion Strategy is being put in place, in collaboration with disability interests. A comprehensive, 3-phase consultation process is underway to develop this new Strategy.
· Our focus is on putting practical measures in place to bring about improvements. Each of our new Strategies will identify detailed actions to achieve each agreed objective, with associated timescales, Key Performance Indicators, institutional responsibilities and monitoring arrangements. Again, with active participation not just of relevant Government Departments, but of people with personal, lived experience and of civil society.
Victims of Crime
I would like to turn now to the issue of victims of crime, which has been a key priority for me as Minister for Justice. In the past the needs of victims of crime have sometimes been overshadowed by a focus on apprehending and prosecuting perpetrators. And this is very clearly evident in recent Commissions of Investigation. We must ensure that our response to criminal behaviour is a comprehensive one while putting the needs of victims at the forefront.
Being a victim of a crime can have a major impact upon a person, on an emotional, physical, financial, psychological and social level.Secondary victimisation can then arise through the response of institutions and individuals to the victim. Victims can feel let down, frustrated, angry and disillusioned with the criminal justice process.
The new EU Victims Directive establishes minimum standards on the rights, support and protection of victims of crime. The Directive provides that the victim should receive appropriate information about their case, have access to victim support services and be individually assessed to identify specific protection needs and to be heard.
The criminal justice agencies have been working to provide a service to victims in line with the standard set out in the Victims Directive. An Garda Síochána have trained members of all ranks to implement the new policies and procedures that they have put in place to ensure that victims of crime across all 28 Garda Districts receive a comprehensive and consistent response. The Courts Service and the Office of the DPP have also put in place new procedures and practices to enable victims to receive the rights provided by the Directive. My Department is at present drafting priority legislation to transpose the EU Victims Directive into Irish law.
We also launched the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 last January. This multiannual strategy contains a range of timebound actions to be implemented by Government Departments and agencies. A key aim of the strategy is to improve supports available to victims and survivors of domestic and sexual violence and we will be announcing an awareness raising campaign very shortly to back up this strategy.
Women Prisoners
Considering my role as Minister for Justice, I would like to briefly discuss the treatment of Irish prisoners. The mission of the Prison Service is to be a modern, progressive, rehabilitative body that is readily responsive to change and is both aware of and committed to the need to be adaptable to new challenges as they emerge.
Women who commit crime comprise a relatively small yet increasing group within the Criminal Justice system in Ireland. The Probation Service works with approximately 1,300 women offenders on any given day: either assessing them or supervising them on a range of Probation type orders, community service or post release supervision. That’s about 1 in 7 of all new referrals received.
The Probation Service offers a distinct response when working with female offenders, focusing on a model which is underpinned by social work values and approaches.
As part of the Joint Irish Prison Service/ Probation Service Strategy, the development of an open centre/open conditions for women assessed as low risk of re-offending is a priority. This commitment was acknowledged in the Report on the Strategic Review of Penal Policy which recommended a greater focus on step down facilities, supported accommodation, use of more community based open conditions for female offenders as well as the provision of an open centre for women.
And I have given approval to the Directors of the Irish Prison Service and Probation Service to proceed to scope the possibilities for the development of step down units for female offenders and female ex-offenders.
Mental health issues among prisoners
Relatively speaking, the Prison Service must deal with a higher percentage of people with mental health issues than in the general community. Linked to this, and as one of the key factors which contribute to offending behaviour, is the misuse of drugs and alcohol, with almost 9 out of 10 offenders on probation supervision have substance abuse issues.
The Irish Prison Service and the Probation Service are working on an Action Plan to progress the recommendations of an independent review to further address the addiction needs of offenders, both in custody and in the community, in a comprehensive and integrated way.
International Responsibility to Vulnerable Groups
Finally, I would like to say a few words in relation to our international responsibilities. Much of the discussion here today will focus on how domestic governments deal with domestic vulnerable groups. But Ireland has much to be proud of in terms of our international aid programme and how it helps vulnerable groups abroad. We have a responsibility to protect vulnerable groups abroad and a responsibility to be a leader and build alliances to enhance the international response to such vulnerability.
While I will leave it to later panel discussions to go into the refugee and migrant issue in detail, suffice to say that the current mass migration of peoples across the globe presents a profound challenge to the State. It also poses a challenge to the concept of vulnerability and our ability to respond as a global community.
Conclusion
Thank you all for your attention and thanks again for the invitation to be here today. You have brought an extraordinary wealth of Irish and international experience together and packed so much into one day. I wish you a very fruitful round of discussions, both at the plenary sessions and at the panel discussions during the day.