Statement
The Irish Human Rights Commission (IHRC) announced today that it will study the Heads of Bill on the Merger of the IHRC and Equality Authority being published today and provide and publish its Observations to Government in due course, in accordance with its statutory remit to review legislation.
ENDS/
Contact: Fidelma Joyce, IHRC at 087 7834939 or 01 8589601.
Notes to the Editor:
The publication of the Heads of Bill follows on from the report of the Working Group on the Merger published in April 2012, at which time IHRC President Dr Maurice Manning expressed the hope that the proposed legislation will lead to a strengthening of the IHRC and Equality Authority as promised by the Minister for Justice, Equality and Defence.
The Working Group was established on 6 October, 2011, by the Minister to advise on the creation of a Human Rights and Equality Commission. The Working Group comprised former and current members of both bodies acting in an individual capacity and representatives of the Department of Justice. Key criteria set out in the UN Paris Principles for the establishment of a National Human Rights Institutions (NHRI) were the focus of the report. Those Principles are the following; independence guaranteed by statute or national constitution, pluralism, including in membership, independent expert staff, secure budget, independent procedures and a broad mandate covering universal human rights standards.
Currently the IHRC is regarded as meeting these criteria, although its inadequate budget has been questioned internationally. The body which adjudicates upon the re-accreditation process is the International Coordinating Committee of National Human Rights Institutions’ Sub-Committee on Accreditation. This independent peer-review body will examine whether the new Commission is in fact independent, and is capable of being seen as being independent. Organisational structure and design will thus come under scrutiny as to whether they meet Paris Principles standards.
Dr Manning previously recalled that 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. In April 2012, the IHRC welcomed the positive spirit of the Working Group report with its emphasis on the importance of human rights and equality as values underpinning the life of the nation and its citizens and its focus on the need for structural independence of the new body, robust functions and adequate resourcing. It also 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.
Dr Manning previously stated how the overarching aim for the IHRC going into the Merger process is to ensure that the successor body can maintain the IHRC’s international "A" status as a National Human Rights Institution when it faces re-accreditation in 2013. The IHRC has written to Government highlighting the steps that should be taken to safeguard this hard-won status and which would enable the IHRC and its successor body to demonstrate how it meets the key criteria set out in the UN Paris Principles required for re-accreditation, including how it exercises independence from Government. Adherence with the Paris Principles is also crucial to ensuring that the new body can be as effective as possible in undertaking its functions to promote and protect human rights and equality for everyone in Ireland.
Dr Manning further previously expressed the desire that once the legislation is published, that there will be the possible for adequate scrutiny and input by civil society groups and the Oireachtas to ensure that the result of the proposed merger is a strengthened human rights and equality body for Ireland. The appointment of the board of the new body (when established) must also be open, transparent and independent in selecting human rights and equality experts acting in their individual capacity.