Shatter publishes the Irish Human Rights and Equality Commission Bill 2014 Establishment of Irish Human Rights and Equality Commission

Minister for Justice, Equality and Defence Alan Shatter TD today published a Bill to merge the Equality Authority and the Human Rights Commission.

The merger, which was originally announced in October 2011, is designed to strengthen and enhance Ireland’s institutions for protection of equality and human rights. Since April 2013 the two existing bodies have begun operating as a cohesive whole under the direction of the members-designate of the new Commission. The existing Human Rights Commission is accredited with the UN with ‘A’ status as Ireland’s National Human Rights Institution (NHRI). The Equality Authority was established in compliance with a number of EU equality Directives.

The Bill and the arrangements for establishment of the new body comply unequivocally with the Paris Principles (which are the set of informal rules that relate to establishment and governance of national human rights institutions). They also reach or exceed best practice standards in relation to EU equality bodies.

“I am confident that the stronger legislative base which the Bill will provide, with enhanced powers and a wider mandate, together with measures the Government has taken to reverse the disproportionate cuts of the past – an additional €2 m provided for IHREC in Budget 2014 and an interim staffing complement of 47 – will ensure that the new Commission is well placed to be successful in its forthcoming application to the UN to obtain re-accreditation as Ireland’s recognised National Human Rights Institution” said the Minister.

The new Commission’s enhanced powers and wider mandate will positively impact its capacity to address discrimination and promote equal treatment on all grounds, and to protect human rights in Ireland. For example, a new positive duty will be introduced obliging public bodies to have regard, in the performance of their functions, of the need to eliminate discrimination and promote equality of opportunity and treatment. The new Commission will be explicitly empowered to further support public bodies in meeting their obligations under this positive duty, such as advising on the development by public bodies of performance measures, operational standards and preventative strategies. This new power reflects a commitment in the Government’s Programme for National Recovery 2011 to 2016.

“I attach the highest importance to ensuring that we have the best possible statutory architecture for the protection of and respect for human rights and equality rights, which reflect the principles of our own Constitution and our obligations as a member of the international community and indeed currently as a member of the UN Human Rights Council, including those that arise under the European Convention on Human Rights” said Minister Shatter.

The Commission will have a power of public inquiry in situations where there is evidence of a serious violation of human rights or equality of treatment obligations or a systematic failure to comply with human rights or equality treatment obligations and the matter is of serious public concern.

14 members-designate of the new Commission were selected in April 2013 in a process independent of Government and appointed initially to the Equality Authority and the Human Rights Commission on an interim basis so that the two organisations may begin to operate as a cohesive whole. Following this experience, it has been decided that the Public Appointments Service should be responsible henceforth for selection of Commissioners, including the Chief Commissioner position which remains to be filled. The PAS has existed in its different forms since the foundation of the State, and has ensured integrity and impartiality in the appointment of civil servants and other public servants. It is fully independent in the discharge of its functions.

The Chief Commissioner position will be re-advertised by the PAS very shortly so that an appointment can be made as quickly as possible.

The Bill provides for the Commission to appoint its own staff. Existing staff of the Equality Authority and the Human Rights Commission transfer to the new Commission on the establishment day. All the staff of the Commission shall be civil servants of the State. This is in line with the staffing arrangements of other independent organisations of a constitutional nature such as the Ombudsman, Garda Síochána Ombudsman Commission, the DPP and of the Oireachtas. As civil servants of the State, the staff of the Commission are not amenable to instruction by Government or any Minister for the Government. These arrangements are designed to ensure the independence of the Commission in compliance with the Paris Principles.

Prior to publication of the Bill, the General Scheme of the Bill was published in June 2012 and presented to the Oireachtas Committee on Justice, Defence and Equality. The Committee undertook a consultation process.

European Convention on Human Rights
The opportunity of this Bill is being taken to amend the European Convention on Human Rights Act 2003 to provide for an enforceable right to compensation for a person whose detention is found to be in breach of Article 5 of the European Convention of Human Rights and where the detention was as a result of judicial error. This is a requirement of Article 5(5) of the Convention. The proposed amendment follows an appeal of a Supreme Court judgment (in the DG case) to the European Court of Human Rights, which found that Ireland is in breach of the Convention by reason of not having an enforceable right to compensation in cases where unlawful deprivation of liberty is as a result of a judicial error.

Ireland is required to execute this judgment. States’ implementation of a judgment is supervised by the Council of Europe Committee of Ministers. This amendment is the only remaining issue for implementation in relation to this judgment.