Irish Human Rights Commission calls for Establishment of Joint Oireachtas Committee on Human Rights with powers to scrutinise all legislation for human rights implications

The Irish Human Rights Commission today made a presentation to the Joint Oireachtas Sub-Committee on Human Rights on its role in promoting and protecting human rightsin Ireland and in strengthening national human rights institutions globally in the context of the 60th Anniversary of the Universal Declaration of Human Rights (UDHR).

Maurice Manning, President of the Irish Human Rights Commission said "for the past 60 years the Universal Declaration of Human Rights has been the basis for the protection of human rights for all people, its principles informed the development of national human rights institutions around the world, such as the IHRC, which work independently to promote and protect human rights at national level."

On the question of increasing the role of the Oireachtas in promoting and protecting human rights, the IHRC would welcome consideration being given to the establishment of a full Joint Oireachtas Committee on Human Rights with similar powers to the parliamentary Joint Human Rights Committee in the UK. Dr Manning said "such a committee would have great potential to strengthen parliamentary oversight on the human rights implications of legislation. There could potentially be an important role for such a committee in relation to situations where Irish legislation is deemed incompatible with the European Convention on Human Rights Act."

In relation to its own legislative review role, the IHRC is concerned that to date the only Minister that has consistently referred legislation to it is the Minister for Justice, Equality and Law Reform. Dr Manning said "legislation emanating from any government department can have human rights implications. So far in 2008, the IHRC has not been referred any legislation, which means that the legislative process is not benefiting from a more systematic use of the Commission’s statutory function to scrutinise draft legislation against Constitutional and international human rights standards."

In light of the cross-cutting nature of human rights, Dr Manning continued "it is our strong belief that in line with the need to be independent and impartial, that the IHRC should be made directly accountable to the Oireachtas rather than to a single government Department as is the case at present."

The IHRC also presented recommendations from its report submitted to the United Nations (UN) Human Rights Committee on the Examination of Ireland’s 3rd Periodic Report on the International Covenant on Civil and Political Rights (ICCPR). Éamonn MacAodha, Chief Executive of the IHRC said "not enough has been done by the State to protect key civil and political rights. Urgent action is needed now to improve physical conditions in prisons and to provide adequate mental health services in order to meet minimum human rights standards. Mr MacAodha went on to say "provision must be made for the separation of all juvenile offenders from adult offenders in all cases except where it is in the best interests of the child."

Mr Mac Aodha concluded by saying "the Government should recognise Travellers as an ethnic group. Such recognition would make it clear from a legal standpoint that the rights and protections ethnic minorities currently enjoy under international human rights law would be comprehensively applied to Travellers."

ENDS

Click here to download IHRC Speeches 25 June 2008.doc (356 KB)

Notes to Editor

The Committee heard that national human rights institutions (NHRIs) like the IHRC have grown in number from 8 fifteen years ago to more than 65 today. They are independent bodies tasked with promoting and protecting human rights in their respective countries. The growing significance of NHRIs globally can be seen in the increasing role they have at international level. The IHRC has played a leading role in this development as Chair of the European Group of National Human Rights Institutions. NHRIs are seen by the United Nations and the Council of Europe as strategic partners in promoting States’ compliance with international human rights standards and increasingly have a more formalised role in monitoring national adherence to international treaties.

The IHRC and other NHRIs have full rights to make oral and written presentations to the UN Human Rights Council. The IHRC will orally present its report to the UN Human Rights Committee in advance of the examination by that Committee of Ireland’s state report under the International Covenant on Civil and Political Rights on 14 and 15 July 2008.

Presenting on behalf of the IHRC at the Hearing with the Oireachtas Sub-Committee on Human Rights were:

• Maurice Manning, President of the IHRC

• IHRC Commissioner Alice Leahy

• Éamonn Mac Aodha, Chief Executive of the IHRC

• Kirsten Roberts, Director of Research, Policy and Promotion