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Dáil Éireann debate -
Wednesday, 27 Jun 2001

Vol. 539 No. 2

Written Answers. - Good Friday Agreement.

Frances Fitzgerald

Question:

64 Ms Fitzgerald asked the Minister for Foreign Affairs the main areas of progress in Northern Ireland on the equality provisions and human rights provisions of the Good Friday Agreement; and if he has satisfied himself that good progress is being made in Northern Ireland on these issues. [19135/01]

As the Deputy will be aware, the Good Friday Agreement contained extensive provisions in the areas of equality and human rights. The British Government undertook to create a statutory duty on public authorities in Northern Ireland to carry out all their functions with due regard to the need to promote equality of opportunity in relation to religion and political opinion, gender, race, disability, age, marital status, dependants and sexual orientation. This duty was created under section 75 of the Northern Ireland Act, 1998, requiring public authorities to produce and review equality schemes, conduct equality impact assessments and include consultation as an integral part of the policy-making process. Equality schemes must include, in particular, a statement of the authority's arrangements for the assessment of the likely impact of policies on the promotion of equality of opportunity, the monitoring of any adverse impact of policies, the publishing of results of such assessments and measures for training staff.

The British Government also undertook, subject to the outcome of consultation, to establish a statutory equality commission to replace the Fair Employment Commission, the Equality Opportunities Commission, the Commission for Racial Equality and the Disability Council. Legislative provision was made for the commission in the Northern Ireland Act, 1998, and it was established on 1 October 1999. Strengthened fair employment legislation was enacted through the Fair Employment and Treatment (Northern Ireland) Order, 1998, which, for the first time, makes it unlawful to discriminate on religious grounds in the provision of goods, facilities and services.
In the agreement, the British Government undertook to make progress with measures to combat unemployment and to eliminate the differential in unemployment rates between the two communities. Labour force statistics continue to show a level of unemployment among Catholics significantly higher than among Protestants, and Catholics remain under-represented in the workplace. However, under the 1998 order it is not unlawful for employers to deliberately seek recruits who are unemployed or to provide religion specific training.
In the area of Human Rights, the British Government undertook to complete incorporation of the European Convention on Human Rights. This was achieved through the Human Rights Act, 1998, which entered into force on 2 October 2000. It also undertook to establish a human rights commission. Legislative provision was made in the Northern Ireland Act, 1998, and the Northern Ireland Human Rights Commission was established on 1 March 1999.
In keeping with the agreement, the commission is preparing advice for the British Government on the scope for defining in Westminster legislation, rights supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland. These additional rights are to intended to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem and, taken together with the ECHR, to constitute a bill of rights for Northern Ireland. The Commission has engaged in an extensive process of consultation with the public and will, it is expected, provide its draft advice to the Secretary of State in the near future.
The European Convention on Human Rights Bill, 2001, currently before the Oireachtas, will place the Human Rights Commission in the South on a full statutory footing. It has, of course, been working in an interim capacity for some months. The Minister for Justice, Equality and Law Reform, who has lead responsibility for this legislation, has said that he hopes that this will be achieved as soon as possible and definitely before the end of the present parliamentary session. The commission will then be able to participate fully in the joint committee, including representatives of both commissions on the island, provided for in the agreement, which will act as a forum for consideration of human rights issues in the island of Ireland and will also consider, among other issues, the possibility of establishing a charter, open to signature by all democratic political parties, reflecting and endorsing agreed measures for the protection of the fundamental rights of everyone living on the island of Ireland.
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