CHECK AGAINST DELIVERY
Joint Oireachtas Committee on Justice and Equality
regarding
the Committee’s Report on Traveller Ethnicity of January 2017
Speech by Minister David Stanton
Opening Address
01 June 2017
Chairperson, and members of the Committee, thank you for the invitation to
speak to you today about the Committee’s report on Traveller ethnicity that
you published on 26 January 2017.
I note that your report contained three recommendations and I will address
those recommendations with you today.
As you are all aware, there was a long-standing campaign by Travellers to
have their identity, culture and unique position in Irish society
recognised and valued by formal recognition of them by the State as a
distinct ethnic group. Such recognition would be without prejudice to their
also being part of – and self-identifying as part of – the Irish nation.
I have had a deeply-held interest in this topic over the course of many
years.
You may recall that, in 2014, the then Deputy Pádraig MacLochlinn brought a
proposal to the Joint Oireachtas Committee on Justice to recognise
traveller ethnicity. In my then role as Chair of the Committee, I invited
Pádraig to act as rapporteur and to prepare a report for the committee on
this issue. We looked for submissions and held hearings, which led to an
all-party report.
I presented this report on the Recognition of Traveller Ethnicity in April
2014. Emphasis was placed by the then Committee on the fact that
recognition of Traveller ethnicity would reflect an acknowledgement of the
distinct place of Travellers in Irish society. The report that we, as the
then Joint Oireachtas Committee issued, recommended that either the
Taoiseach or the Minister for Justice and Equality make a statement to Dáil
Éireann confirming that this State recognises the ethnicity of the
Traveller Community. The report indicated cross-party support for taking
this step.
In taking up my role, a year ago, of Minister of State for Justice with
special responsibility for Equality, Immigration and Integration, I
stressed, to my officials, my interest in pursuing this issue.
The Attorney General advised my Department some time ago that it would be
possible to make a political statement acknowledging the distinct ethnic
identity of members of the Traveller community, without any requirement for
legislative change.
Subsequent discussions with all relevant Departments also confirmed that
there were no anticipated expenditure implications and no implications for
how public services are delivered involved here.
In May 2015, following discussions with my Department, the four Traveller
national NGOs agreed the text of a statement setting out what they were
seeking in terms of ethnic recognition and what they considered the
benefits from such recognition would be for them.
That statement by the four Traveller national NGOs confirmed that it is
also their view that there are no legal, legislative or expenditure
implications arising from ethnic recognition of Travellers.
As you know, the (then) Government indicated in its response to a Sinn Féin
Dáil motion in November 2015 (and in its amendment to that motion) that the
question of formal recognition of Travellers as a group in Irish society
with a unique culture, heritage and ethnic identity was being considered in
the context of the development of the new National Traveller and Roma
Inclusion Strategy.
My Department co-ordinated a comprehensive public consultation in relation
to the drafting of the forthcoming National Traveller and Roma Inclusion
Strategy. That consultation involved the relevant Departments, Traveller
and Roma representative groups and advocates as well as interested members
of the public.
The consultation process for that Inclusion Strategy comprised three
distinct stages.
Ø Phase 1 helped to identify the priority themes to be addressed in
the Inclusion Strategy. Those themes include education, health,
accommodation, anti-discrimination and employment.
Ø In Phase 2, we identified and agreed specific objectives under
each of the themes set out in Phase1.
Ø During Phase 3, we have been working on the development of precise
and measurable actions and timescales for achievement of each of
the objectives that emerged from Phase 2.
During Phase 3, I decided to hold back on the finalisation of the Inclusion
Strategy pending the Government decision regarding recognition of Traveller
ethnicity.
I continued to work with my Oireachtas colleagues to discuss the question
of State recognition of Traveller ethnicity and to engage with them on the
potential value of such State recognition in terms of a gesture of good
faith to the Traveller community.
As this point, I would like to point out that a lot of work on this issue
had been carried out by my predecessor, then Minister of State, now Senator
Aodhán Ó Ríordáin.
There was also continued excellent work done by Senator Pádraig Mac
Lochlainn and Senator Colette Kelleher on this issue and I am grateful to
them.
I actually met with Aodhán, Pádraig and Colette on a number of occasions to
try to identify a way to drive this issue forward at an all party level and
this approach was very successful.
In this regard, I would also like to commend this Joint Oireachtas
Committee for showing such interest in, and commitment to, Traveller
ethnicity by listing this issue high on your agenda for 2016 and for
issuing the report that we are discussing today. It helped to maintain a
focus on the issue and to build momentum towards the decision by
Government. Most particularly, it helped to ensure that there was
cross-party support in the Houses in relation to this issue.
I brought a paper to the Cabinet Committee in December 2016 seeking
agreement that a formal statement be made to announce that the State
recognises Travellers as an ethnic group having a distinct heritage and
identity.
In what was, I think, an unprecedented step, it was decided at that Cabinet
Committee meeting in December 2016 that the Traveller NGOs would be invited
to present to the Cabinet Committee at its next meeting.
The four national Traveller NGOs and other Traveller representatives on the
National Traveller and Roma Strategy Steering Group selected a delegation
of four persons (with two alternates) for this purpose.
The four Traveller representatives met the Cabinet Committee on 06 February
2017 and feedback received from Cabinet Committee members following the
presentation was very positive.
Clear reference was made during that meeting to the then recent
recommendations by this Joint Oireachtas Committee. The Traveller groups
concurred that, in their view, the proposal to conduct a review of any
legislative or policy changes required on foot of the recognition by
Government of Traveller ethnicity was not required.
The decision to announce State recognition of Traveller ethnicity, which
was announced by the Taoiseach on 01 March 2017, has brought great joy to
Travellers.
As I am sure you will agree, it was a memorable and remarkable evening in
the Dáil chamber.
In all of my years as an elected representative, I have rarely seen such a
happy and emotionally charged occasion where all sides of the Dáil came
together to mark – and indeed celebrate – an issue.
I was delighted to note that an all-party consensus was reached on this
issue.
It was particularly special that the viewing gallery was filled with
Travellers and advocates who had campaigned so hard for State recognition
of Traveller ethnicity.
I deeply appreciate the speeches made on that occasion, including the one
by Caoimhghín as Chair of this Committee, supporting the Government
decision.
I truly hope that State recognition of Traveller ethnicity will act as the
platform for transformative change for the Traveller community.
Now, I would like to come to the recommendations contained in the
Committee’s report of January 2017.
Based upon the hearings and broader consideration of the issues, the
Committee made the following recommendations to the Tánaiste and Minister
for Justice and Equality.
1. The Committee stated that it was of the view that Travellers are, de
facto, a separate ethnic group. Furthermore, the Committee stated
that this was not a gift to be bestowed upon Travellers, but a fact
the State ought to formally acknowledge, preferably by way of a
statement by the Taoiseach to Dáil Éirean.
2. The Committee strongly encouraged that this step be taken and at the
earliest date possible in 2017.
I think that we can safely say that the Government has taken heed of these
first two recommendations and has achieved what I set out to do in terms of
the Taoiseach’s statement to the Dáil announcing State recognition of
Traveller ethnicity on 01 March 2017.
While not a legal or legislative issue, such a symbolically important
gesture of respect by the State, will – I hope - empower Traveller leaders
to call on their community to rise to the challenge of transformative
action on this and other issues, in partnership with the State and on the
basis of an honest dialogue and a focus on solving real problems for the
benefit of their community.
The key argument for ethnic recognition is that recognition of the distinct
heritage, culture and identity of Travellers and their special place in
Irish society is hugely symbolically important to Traveller pride, to
Traveller self-esteem and to overcoming the legacy of economic
marginalisation, discrimination and low self-esteem with which that
community struggles.
This is not to ignore the real problems that the community faces but such a
symbolic gesture would create a new platform for positive engagement by the
Traveller community and Government together in seeking sustainable
solutions (which are based on respect and on an honest dialogue) to those
problems, including anti-social behaviour and feuding by a minority within
the Traveller community.
Clearly, a renewed law enforcement focus, as well as sustained resourcing
for work with Traveller families, will be required for a serious impact on
these issues, but strong Traveller participation and leadership is also an
essential element for an intervention that could be successful over time.
Ethnic recognition has the potential to create the circumstances where my
Department and other Departments and Agencies (including An Garda Síochána)
can engage with Travellers on – and Traveller leaders can credibly call on
their community to participate in – development of an action plan to tackle
and seek to solve key problems facing the Traveller community.
In preliminary discussions with Traveller leaders, my Department has
identified feuding as a pivotal issue that could be put centre-stage in
such an approach, in that its negative ramifications impact directly on
mental health, physical health, position of women and children, employment
and on accommodation issues.
Following the announcement by the Taoiseach on 01 March 2017 of the State’s
recognition of Traveller ethnicity, I directed my officials to recommence
the process of development of the new National Traveller and Roma Inclusion
Strategy. In implementing such an Inclusion Strategy, it will be important
to build on the wave of positivity arising for Travellers from the
Taoiseach’s statement.
All of the issues and themes that I have mentioned including health,
accommodation, education, employment, Traveller culture,
anti-discrimination, gender equality, public services, feuding and
anti-social behaviour will be addressed in the National Traveller and Roma
Inclusion Strategy 2017 – 2021.
I am happy to advise you that I presented the draft Inclusion Strategy to
Cabinet on 30 May 2017 and the Strategy was approved for publication.
I will be launching the Inclusion Strategy on 13 June 2017. I have stressed
that it must be regarded as a living document, with monitoring of its
implementation a key and integral part of its potential success.
Now, I would like to turn to the Committee’s third recommendation which is
as follows:
3. The Government should then conduct a review, in consultation with
Traveller representative groups, of any legislative or policy changes
required on foot of the recognition of Traveller ethnicity.
I have to admit that this (third) recommendation came as a surprise, both
to my Department and to the Traveller organisations, as our agreed
understanding is that recognition has no implications for public
expenditure or for legislation and does not require any legislative
amendments.
As I stated a few minutes ago, my Department does not believe that any
legislative amendments or policy review is needed arising from the State
recognition of Traveller ethnicity. As set out by the four national
Traveller NGOs, they do not feel that it is necessary. It was also stated
by the Taoiseach on 01 March 2017 that:
“Together, we agreed that recognition of Travellers could have a
transformative effect on relations between Travellers and wider society,
and will create no new individual, constitutional or financial rights.
Because, of course, Travellers already enjoy all the human rights and
responsibilities that are afforded all people under the Constitution and
laws.”
As I said myself in the Dáil that night: “To reiterate the point, the
Taoiseach made, this is a hugely important and symbolic gesture that is
very important to Travellers, but it has no legislative implications,
creates no new rights and has no implications for public expenditure”.
Travellers NGOs will, of course, continue to lobby for improved service
provision and I, as Minister, will equally pursue improvements in critical
areas such as health, accommodation and education in the context of
implementation and review of the new National Traveller and Roma Inclusion
Strategy but, and I must stress this, ethnic recognition is an entirely
separate matter.
Thank you.