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Speech by the Minister for Justice, Equality and Defence, Alan Shatter TD, at the launch of the Equality Authority 2011 Annual Report.

Speech by the Minister for Justice, Equality and Defence

Alan Shatter TD

at the launch of the

Equality Authority 2011 Annual Report

on 9th July 2012

I am delighted to be your guest here today to launch the 2011 Equality

Authority Annual Report. I would like to thank the Chair, Dr Angela Kerins

and Board of the Authority and your Chief Executive, Renee Dempsey, for

their kind invitation to be with you all today. I imagine today marks an

“end of era” for some of you. While that is true to some extent, this is

also a time of great opportunity which I hope you all share with me.

Today we reflect on the work carried out by the Equality Authority last

year. Again you have had a busy and productive year and have drawn to a

successful conclusion the ambitious plan of work set out under the

Authority’s Strategic Plan for 2009-2011.

The continuing public demand for the Equality Authority’s information and

advice is clear, with over 8,000 enquiries being dealt with annually from

members of the public. To put this figure in perspective, in what was its

busiest year on record the Office of the Ombudsman dealt last year with

some 11,500 enquiries.

The Authority’s legal casework and public awareness campaigns may be the

aspects of its work most visible to the general public. This may not do

justice to the significant achievements of the Authority’s educational and

developmental work. New research published in 2011 included the first

nationally representative survey on pregnancy at work, and a study on the

incidence and positive impact of equality policies and flexible working.

Indications of the impact of equality legislation after ten years in

operation, over a period of significant inward migration and varied

economic fortunes, were given by the preliminary results published in 2011

of the 2010 National Equality Survey. These initial results showed no major

changes in the prevalence of perceived discrimination, but highlighted

continuing low awareness of equality legislation, supports and remedies

among some sectors of the population. I am pleased to learn that further

detailed analysis of this survey has been commissioned by the Authority

which is expected to shed more light on the nature and extent of perceived

discrimination, both in the work context and in relation to services.

Recently, I took great pleasure, in opening the 6th European Gay Police

Association Conference in Dublin Castle hosted by the Garda Gay Lesbian and

Bisexual employee resource group, G-Force. This event clearly demonstrated

what can be achieved by employers and employees working together, with the

practical support that can be provided by the Equality Authority. As we

have heard this morning, projects undertaken last year included initiatives

in the fields of education, local authority housing provision and public

services which have a potentially transformative impact on Irish society.

I have long been a vocal critic of the treatment of both the Authority and

the Human Rights Commission by the previous Government. I have expressed

grave concern about the funding cuts placed on both organisations in the

past and how they affected the sustainability of your role and work.

Equality and human rights are two sides of the same coin. It is impossible

to envisage a society that respects human rights without its also being a

society that strives for equality of opportunity for all its members.

Equally, equality cannot be achieved without addressing respecting human

rights.

Accordingly, in September of last year I announced my intention to merge

the Equality Authority and the Human Rights Commission. I consider this one

of the most important initiatives I have undertaken as Minister for Justice

and Equality.

On publishing the Heads of the Bill for the new Human Rights and Equality

Commission recently, I said that Irish society will benefit from having a

strong and effective equality and human rights body. Independent mechanisms

that raise awareness of important issues and problems and keep public

bodies and office holders – including members of Government – on our toes

are an important guarantor of the rights of citizens and of the quality of

our democracy. The new Commission will combine the strengths of both

existing organisations. Its functions and powers will take from the best

and most effective of those of the two existing organisations and will

level them up, to ensure that the new body is stronger and more effective

that the sum of its constituent parts.

I want to express again my appreciation of the work carried out by the

Working Group I appointed last year to advice me on practical issues in

relation to the merger. The Group included four people from the board of

the Equality Authority, Betty O Leary, Peter White, Kieran Rose and Ellen

Mongan, and four from the Human Rights Commission - Michael Farrell,

Lia O Hegarty, Helen O Neill and Tom O Higgins. Michael Whelan acted as

independent chair and the Department contributed two representatives and

the Group’s Secretary.

The Group took their task very seriously and produced a comprehensive

report. 100% of the Group’s recommendations, insofar as they relate to the

provisions needed in the Bill to effect the merger, have been accepted by

Government. I am not sure that there are many Working Groups – or many

General Schemes of Bills - about which that can be said.

There is, of course, more to be done. In terms of next steps, an important

initial priority for the new Commission will be to undertake a review of

its staffing needs and to put together a business case. This will have

funding implications which will not be easy for me to deal with in the

current fiscal environment, but I am committed to doing what I can in

securing necessary funding in discussions with the Department of Public

Expenditure and Reform. I have already placed on record my view that the

administrative savings that will accrue to the new body from the merger

should be retained by it to enhance its core work capacity.

I fully appreciate the importance and value of an impartial and robust

equality and human rights infrastructure. That is why when I launched the

General Scheme of the Bill earlier this month I yet again gave my

commitment on the issue of independence. The selection process for new

Commissioners will be objective and outside the influence of Government. I

am concerned that the new Commission should reflect a wide spectrum of

Irish society. This is, as you are undoubtedly aware, a requirement of the

Paris Principles relating to the Status of National Human Rights

Institutions, but it is also relevant to the new Commission’s equality

competence. Equality and human rights are for everyone in society – they

are universal. No one sector of society has ownership of such rights. They

apply to everybody - rich and poor, young and old, guilty and innocent.

This is how a modern democracy must function to ensure a fair and equitable

society for all.

Public scrutiny of the General Scheme and, in particular, the role of the

Oireachtas Committee on Justice, Defence and Equality to whom I have

referred the Heads, are important in identifying areas for improvement and

in raising public awareness of the project we are embarked upon. Lest there

be any doubt on the matter, one of the primary purposes of publishing the

General Scheme, or the Heads, of the Bill is to expose it to wider scrutiny

and constructive feedback so as to ensure that we ultimately have the best

legislation possible as the foundation stone for the new Human Rights and

Equality Commission.

The process we are embarked upon is an important one for us as a society.

We should never forget that Bunreacht na hEireann, the Constitution of

Ireland, provides that all the citizens of this State shall be held equal

before the law and requires the State in its laws to respect and, as far as

practicable, by its laws to defend and vindicate the rights of the citizen.

The further elaboration of these rights, both expressly in the Constitution

and implicitly derived from it by our courts, are at the very centre of our

constitutional democracy. The new Human Rights and Equality Commission

will be an important part of our democratic architecture to ensure that we,

as a State, comply with both our Constitutions domestic equality and

personal rights principles and also our international obligations to

respect the human rights of all in this State, expand the equality agenda

and confront and eliminate discrimination.

We cannot nor should we ever accept or tolerate an à la carte approach to

human rights and equality principles. We must continuously evaluate what we

do and what we fail to do and strive to meet the highest standards. It is a

central core principle of this democratic Republic that rights and equality

apply to all and we cannot, nor should we, pick and choose those that are

both convenient and comfortable and ignore others that are inconvenient and

cause discomfort. We must also, of course, approach these matters in a

practical and common sense manner recognising the limits of our financial

capacity.

It is, I believe, important to emphasise that in a constitutional democracy

we do not have the luxury of applying the bits of the law we like and

disobeying or ignoring the bits we dislike. Those who so conduct

themselves have no respect for our Constitution, for democracy or civil

society and effectively discriminate against those who show such respect.

There is nothing civil about encouraging anarchy and nothing democratic

about either breaking the law or encouraging others to do so. There is no

right to break a law enacted by our democratically elected parliament,

there is merely an obligation to obey such laws. Should any law truly

violate personal or human rights or the right to equality, ultimately it is

our courts through which redress can be sought or, alternatively, any such

issue can be properly addressed by our Human Rights and Equality Bodies

and, when in place, by the new Human Rights and Equality Commission.

Creation of the newly enhanced Human Rights and Equality Commission is a

truly exciting project. It is not only important domestically but the

merger is also important to the international reputation of our State. We

want the new Commission, as Ireland's designated body for the promotion of

equal treatment under EU anti-discrimination law, to build on the strong

international reputation established by the Equality Authority. We also

want the new Commission to be accredited as a National Human Rights

Institution with ‘A’ status, and we are seeking election to the UN Human

Rights Council.

An important dimension of the work of the new Commission will be to build

on the existing strong working relations with the equivalent bodies in

Northern Ireland both on the equality dimension and in regard to human

rights. We have made specific provision in the proposed new legislation to

underpin this.

Turning back to this morning’s business, July 2012 will see the ending of

the mandate of the Board of the Equality Authority. For all of you I

acknowledge your service and your generosity in accepting an extended term

to facilitate the transition to the new Commission. I particularly want to

acknowledge the dynamic leadership provided by your Chair, Dr. Angela

Kerins. The experience which you all brought to the Authority and your

contribution in terms of time and commitment has been a vital element in

ensuring that it fulfilled its independent statutory role.

Over the thirteen years since its establishment, the Equality Authority and

its staff have developed a reputation and sphere of influence that far

exceeds its size. The quality and relevance of research commissioned by the

Authority is recognised and referred to worldwide, illuminating areas where

discriminatory practices may exist and assessing the effectiveness of

measures deployed to reduce inequalities. Innovative and practical tools

have been developed and put into use in most spheres of Irish society, from

small businesses to large enterprises, in both public and private sectors,

and making fundamental, if sometimes incremental, changes to the way we

work and access services. You have advised and supported individuals and

communities to understand and assert their rights. This is a body of work

of which you can be rightly proud. You can be confident that your efforts

have advanced equality of opportunity and the fight against discrimination

not only here in Ireland but also across the EU and further afield.

Finally I want to look to the future. In particular I wish to address the

staff of the Equality Authority and the staff of the Commission. The last

few months may have been a time of some uncertainty and apprehension for

you all. I hope that now with the publishing of the Working Group Report

and the General Scheme of the Bill we can all look to the future with more

confidence.

With a new Commission in place shortly, I hope work can commence to ensure

that your two organisations can start to operate as a cohesive unit. I

firmly believe that respect for equality and human rights should shape how

we live and work here in Ireland. The new Commission and its staff will

be uniquely placed to bring equality and human rights into public

decision-making and into private sector business practice and to play an

enhanced role in the manner in which it as a body interacts with Members of

the Oireachtas. I have no doubt that you will rise to that challenge.

I wish you well and assure you of my and the Government’s commitment and

support on the road ahead.