The Irish Human Rights Commission (IHRC) today welcomed the consideration undertaken by the Minister’s Working Group on the Merger of the Irish Human Rights Commission (IHRC) with the Equality Authority and expresses the hope that the work of the Working Group will lead to a strengthening of the IHRC and Equality Authority as promised by Minister Shatter.
Speaking on behalf of the Commission, IHRC President Dr Maurice Manning said
"At the time the merger was announced, the IHRC indicated that, while unconvinced of the need for or value of a merger, it would work with the Government proposals if the aim was to strengthen both bodies. We welcome that the Minister’s working group has now completed its report and welcome that the report appears to have taken a positive approach in setting out the values that must underpin a human rights and equality body. The report also appears to have highlighted why a robust, effective and independent national institution must be the result of any merger."
Dr Manning continued
"While we will reserve our position on some of the detail in the report, we would like to see this positive spirit emphasised during the legislative process."
Dr Manning further stated:
"As the legislation is introduced, the IHRC’s key concerns will focus on structural independence from Government: the independence of Commissioners following a credible, open, transparent and independent appointments process and the new body’s ability to recruitment its own staff in sufficient numbers to undertake its functions. We will also focus on the powers of the new body and stress that it receive an adequate budget and the necessary staff complement to permit substantive human rights and equality work be undertaken. As previously highlighted by the IHRC, we will call for the new body to have no legacy debts."
Dr Manning continued:
"We trust that when the legislation is published, there will be considerable scrutiny of the legislation, including the Oireachtas, to ensure that the result of the proposed merger is a strengthened human rights and equality body for Ireland. It is important that the new body also retains its independence through having the ability to decide on its own internal working methods and structure."
In November 2011, the IHRC made a submission to the working group on the essential elements for the new body and subsequently both its President and Chief Executive met with the working group.
Responding to the publication of the report today, the IHRC welcomed a number of aspects of the report, which points were highlighted by the IHRC in its own submission to the Working Group. The IHRC welcomed the recognition of the importance of human rights and equality as values underpinning the life of the nation and its citizens and the recommendation that the powers of both bodies remain the same or be strengthened. The IHRC further welcomed the explicit focus on the importance of the new body retaining functional independence from Government (being independent and being seen to be independent) and the recognition that full compliance with the UN Paris Principles on independent national human rights institutions must be secured in order to retain the IHRC’s international "A" status.
The IHRC welcomed the explicit focus on the importance of adherence to the architecture of the Good Friday/ Belfast Agreement which established independent human rights commissions north and south. The IHRC further welcomed the recommendation that the new body be accountable to the Oireachtas, for example to an Oireachtas committee. The IHRC also welcomed the report’s emphasis on the need for the new body to have financial security.
The IHRC welcomed the recommendation that the new body must be properly resourced if it is to carry out its mandate and that that the new body should be designated as the National Monitoring Mechanism under the Convention on the Rights of Persons with Disabilities, and the National Preventative Mechanism under the Optional Protocol to the Convention Against Torture (subject to the requisite resources being made available).
Dr Manning stated:
"The IHRC notes that the organisational recommendations contained in the report will require careful examination by the IHRC to ensure that organisational structure and design meet Paris Principles standards. Organisational review and the most appropriate structure will clearly be the first matter for the new independent commission to consider." Dr Manning further stated "The IHRC faces re-accreditation in 2013 and an early test for the new body will be whether its independence (which includes independent appointment of Commissioners, staff and its structural relationship with Government) meets tighter international guidelines as set out by the International Coordinating Committee of National Human Rights Institutions’ Sub-Committee on Accreditation. Thus the new body must not only be independent, but be seen to be independent. It must therefore decide on its own internal structures and working methods."
ENDS/
A spokesperson is available for comment.
Contact: Fidelma Joyce, 087 7834939, or the IHRC at 01 8589601.
Notes to the Editor:
The Working Group was established on 6 October, 2011, by the Minister for Justice, Equality and Defence to advise on the creation of a Human Rights and Equality Commission (IHREC), comprising former and current members of both bodies and representatives of the Department of Justice
Key criteria set out in the UN Paris Principles for the establishment of an NHRI are the following; independence guaranteed by statute or national constitution, pluralism, including in membership, independent expert staff, secure budget and a broad mandate covering universal human rights standards. Currently the IHRC is regarded as meeting these criteria, although its budgetary situation has been questioned internationally.