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Irish Human Rights and Equality Commission Bill 2014: Second Stage
Question proposed: "That the Bill be now read a Second Time."
Minister for Justice and Equality (Deputy Frances Fitzgerald):   I am pleased to present this Bill to the House. It is now 15 years since the Equality Authority was established and 14 years since the establishment of the Human Rights Commission. In that time, the demographic, social and economic fabric of the State has changed profoundly. In particular, public expectations of the high standards of visibility, transparency and accountability to be achieved by our public bodies has increased significantly. The commitment and professionalism of the members and staff of the Equality Authority and Human Rights Commission during this time are to be commended. There is no question about that. However, these bodies have overlapping roles and it has become increasingly obvious that there is a compelling need for a more comprehensive approach to the protection of human rights and equality and to institutional arrangements in that regard.
Drawing together in a single, leaner and more streamlined body the main strands of the vital equality and human rights agendas will positively strengthen the ability of the new commission to effectively, efficiently, and cohesively promote a culture that respects the human rights and equal status of everyone in our society. The new commission will be positioned to maintain and build upon the reputations for excellence of the current Equality Authority and the Human Rights Commission.
The promotion and protection of human rights is at the heart of Ireland's domestic and foreign policies. Ireland has been and continues to be active in this regard in Europe and further afield. During our Presidency of the Council of the European Union last year, my predecessor put questions about the rule of law and protection of fundamental rights on the agenda of EU Ministers for Justice. Ireland was concerned, in particular, at the apparent rise in xenophobia, including anti-Semitism and other extreme forms of intolerance, including racism and homophobia, within the European Union and the failure in some cases to respond adequately. We were also concerned that justice institutions, the courts and police in particular, should function effectively so that fundamental rights are protected.
On 11 March last, as its response to the debate on fundamental rights and the rule of law initiated during our Presidency, the Commission published a communication on the rule of law. The proposed three-stage framework is a very solid response to the issues that we, and others, including the European Parliament, raised and will be considered in detail by our partners in the Council. Ireland continues to be proactive in this area. Along with several other member states and the EU Agency for Fundamental Rights, Ireland is involved in a co-operative project to identify a methodology which will enable us to measure adherence to the rule of law and our shared EU values across all member states. I believe that this work has a vital role to play in protecting the fundamental rights of all EU residents and in tackling extreme intolerance across the European Union.
I mention our Presidency initiative on the rule of law and fundamental rights because it is directly relevant to the subject matter of this Bill. Just as coherence as between the internal and external dimension of EU human rights policy is important, and just as it is of critical importance to our credibility in the EU that we are seen to practice what we preach, so too must Ireland's active support for human rights in the wider world be supported by the existence of a credible national human rights infrastructure and robust legislation in this field. Extreme intolerance and flagrant abuse of human rights is also evident on the wider international stage. As Ireland prepares for a constitutional referendum on equal marriage for same-sex couples in 2015, in contrast, certain states are working hard to restrict the rights and fundamental freedoms of gay people. Our contributions to the protection of human rights in Europe and internationally would carry little weight without robust protection of human rights and equality here at home. The new commission has a key role in reminding us of our obligations and in offering independent and principled advice to our Government and indeed to Irish society generally in respect of issues that need attention.
I firmly believe that our society will benefit from having a strong and effective human rights and equality body. I also believe that this Bill gives the new commission a very strong mandate to carry out this vital work. The levelling up of powers and functions, the introduction of a new role in supporting public bodies to have due regard to equality and human rights issues in their work and the creation of a sliding scale of possible interventions and powers, which can be exercised in a nuanced way commensurate to the nature of the problem, including, as a last resort, an effective power of inquiry and powers to initiate court action, will all serve to make this a more effective body with stronger powers than its two predecessors combined.
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