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Shatter Speech: by the Minister for Justice, Equality and Defence, Alan Shatter TD, at the launch of the Human Rights Commission & Equality Authority 2012 Annual Reports

Speech by the Minister for Justice, Equality and Defence

Alan Shatter TD, at the launch of the

Human Rights Commission & Equality Authority 2012 Annual Reports

In the Oak Room, Mansion House

4th November 2013

I am delighted to be your guest here today to launch both the 2012 Human Rights Commission and the Equality Authority Annual Reports. I would like to thank Sunniva for her kind invitation to be here today and I would also like to thank the Lord Mayor for his welcoming words and use of this beautiful venue this morning.

Both the Lord Mayor and I, this morning, lent our support to a very important campaign targeted at encouraging and ensuring many of our recent migrants register to vote in next year’s Local and European elections. We are also anxious to ensure that all of our citizens, including our new citizens, register to vote in future General Elections and Referenda. I understand that the deadline for registration is the 25th of November and those new voters who so register will have the opportunity to exercise an important constitutional and human right.

The power of the electorate and how they exercise their franchise is so vital to our democracy. This reinforces the importance of this morning’s event and I wish the Voter Registration Campaign all the very best.

I now turn to the next business item of the day. I believe that it is symbolic and important that today I launch both the Equality Authority and Human Rights Commission Annual Reports together.

To many of you it may seem a long time ago since I announced, in 2011, plans to merge the Human Rights Commission and the Equality Authority. While progress may have been slower than I had wished we have achieved a number of important milestones along the road. I will shortly be publishing the Bill to establish the Irish Human Rights and Equality Commission. I look forward to this legislation being fully debated in a constructive and positive manner as it passes through the Houses of the Oireachtas.

Of course I welcomed the appointment in April of the members designate to the new Commission, many of whom, I glad to say, are with us here today. These appointments addressed the issue of the “gap” at Board level in both the Equality Authority and Human Rights Commission. It was also essential that these appointments were made so as to ensure that both organisations can begin to operate as a cohesive unit.

I have had the pleasure of a very constructive meeting with the Commissioners shortly after their appointment and they raised a number of issues with me at that stage. One of the most pressing was the issue of accommodation for the new Commission and, with the assistance of the Office of Public Works, I understand that a solution has been reached. I would like to thank all involved for their cooperation and dedication to the task of finding a workable solution.

On the position of Chief Commissioner I was disappointed that the selection panel were unable to find a suitable candidate. I firmly believe that the role of Chief Commissioner will very much be the public face and voice of the new Commission. The Chief Commissioner will be required to show leadership, vision and direction. For any newly-established organisation this is a very important role and I am anxious that a suitable candidate is in place sooner rather than later.

I intend to re-launch a process to appoint a Chief Commissioner as soon as the Bill has been published. The responsibility will be vested in the Public Appointments Service which, in its various guises, has served the State well in bringing high standards of integrity and independence to appointments to a range of public service posts. The process will, of course, be independent and transparent. It will fully comply with the Paris Principles. I am not a believer in “taps on the shoulder”.

Most important of all, to many of you, is ensuring that adequate budget and staffing arrangements are in place for the new Commission. As you know, I have been a vocal critic of the cuts imposed in the past on both the Equality Authority and Human Rights Commission. Funding and staffing levels need to be restored to a level which will allow the new Commission operate in an efficient and effective manner.

Both I and my Department are engaged currently in discussions with the Department of Public Expenditure and Reform to reach agreement both on the funding and staffing arrangements for 2014. I remain committed to reaching a positive resolution to this issue. I had hoped to be in a position to announce details of the new Commission’s budget and staffing framework today, but, unfortunately, these difficult discussions have not been completed. Of course, all such discussions are framed in the context of the difficult situation with regard to our public finances at present which I, of course, acknowledge fully, as I know you do. However, I believe it is essential that the new Commission receives adequate resources to recruit essential staff to enable it to properly fulfil its mandate even in these difficult times. I and my Departmental officials will continue to do everything possible to secure the agreement required from my colleague Minister Howlin and his Department to enable the Commission to do so. I am personally disappointed that this important issue remains unresolved.

A couple of weeks ago I opened the Mainstreaming Equality – Making it Real conference in Dublin Castle. Unfortunately, I was unable to stay for the whole of the event due to other pressing business. However I had an opportunity to study the conference papers and speak with my officials who were in attendance.

Two thoughts struck me about the event. One is that the link between human rights and equality was clearly demonstrated by the projects highlighted - something which I have always believed and a crucial factor for merging both bodies.

My second comment is that the new Commission will be in a position to build on this work as it assists and provides guidance to Public Bodies on a positive duty measure. Such a measure will require such bodies to have due regard to eliminating discrimination and promoting equality and human rights when performing their functions.

All of the projects highlighted had a practical application. Many were examples of partnerships between the social partners, both trade unions and employers, both public and private sector. One of the most impressive projects featured the work of a NGO, working in partnership with both trade unions and employers, to help realise the human rights of migrant women working in the mushroom industry.

There are very real issues affecting many of our citizens in their everyday lives and we can never become complacent. We must never let the drive to cut costs and become more efficient dilute hard won and necessary rights in the field of employment or access to goods and services. These are not a luxury to be traded away.

During 2012 both the Commission and the Authority have assisted many individuals or groups who have felt that their rights have been impinged.

As many of you are aware, the Irish Human Rights and Equality Commission Bill will provide for the introduction of a positive duty on public bodies as is contained within the current Programme for Government.

As I have said previously, this model of positive duty is not the model found elsewhere. The Commission will have an important role in its development and in achieving a key tool which will be meaningful and effective in actively promoting equality and human rights across the public sector.

Indeed, the work already undertaken by the Commission with their Human Rights Education and Training Project across the civil and public service is a excellent example of the “soft” and “persuasive” powers which I envisage will be influential in the development of such a public duty.

I know the Commission has provided direct and, in some cases, tailored training across the public sector including to Local Authorities, the Prison Services and an Garda Síochána.

In 2012, I note from the Equality Authority’s Annual Report, the key ground cited with regard to discrimination was disability both in the area of employment and access to good and services.

The Commission has recorded an 18% increase in communication from the public in 2012 and there was a significant increase in queries with regard to social and economic rights.

On reviewing both of these Reports I am struck by how busy and active across a wide area both the Authority and the Commission have been in 2012 and I am sure the case is no different for 2013.

That said, I would like to pay tribute to Renee and Des and the staff of both organisations, past and present, for their commitment and hard work. I am well aware that, in any situation when there is a period of change, there is of course concern and anxiety. This is only natural. I hope with the publication of the Bill shortly, and clarity around other issues, you will all feel more confident in the way forward. You are undertaking important and necessary work that is essential for the future well being of all our citizens and making this country a fairer and more equitable place.

I finish this morning by wishing both the new Commissioners and staff of the Irish Human Rights and Equality Commission well in the challenging times we are facing and I assure you all of my ongoing commitment to the task ahead.

Thank you.