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Joint Committee on Tourism, Culture, Arts, Sport and Media díospóireacht -
Wednesday, 1 Jun 2022

A Safe and Respectful Working Environment in the Arts: Discussion (Resumed)

We will begin the second session. It has been convened with the Minister, Deputy Martin, to discuss a safe and respectful working environment in the arts. On behalf of the committee, I thank her and her officials for engaging with the committee on this important topic and for the measures introduced by her Department in response to the Speak Up: A call for Change Report commissioned by the Irish theatre Institute as part of its Speak Up initiative. This will be our third public engagement on the topic, having received significant evidence from a range of key representative groups and agencies to date. The format of the meeting is such that I will invite the Minister to make her opening statement, which will be followed by questions form members of the committee. As the Minister is probably aware, the committee may publish the opening statement on its website following the meeting.

Members are reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the Houses or an official either by name or in such a way as to make him or her identifiable. I remind members again of the constitutional requirements that members must be physically present within the confines of Leinster House in order to participate in a public meeting. I will not permit a member to attend where he or she is not adhering to this constitutional requirement. Therefore, any member who attempts to attend from outside the precincts will be asked to leave the meeting. I invite the Minister, Deputy Martin, to make her opening statement.

Tá an ceart ag gach bean agus ag gach fear go gcaithfear leo le dínit agus le meas. Tá timpeallacht tuillte ag gach oibrí, ina gcaitear leo le dínit agus le meas agus nach ndéantar leithcheal orthu, is cuma faoin gcomhlacht ina n-oibríonn siad nó lena bhfuil siad ar conradh. Creidim go n-aontódh sibh go léir leis sin. Every woman and every man has the right to be treated with dignity and respect. All workers, regardless of the company they work for or who they are contracted to, deserve an environment where they are treated with dignity and respect and are not subjected to discrimination. I believe all the members would agree with that. Ensuring a safe and respectful working environment for everyone working in the arts and in the creative industries is one of the most important issues I have engaged with as Minister. Every person has the right to dignity in the workplace. Damaging behaviours such as bullying, harassment and victimisation will not be tolerated across this sector.

Over the past number of years, report after report points to unacceptable behaviours in the arts and creative sector right across the spectrum from inappropriate language and insults to sexual assault and violence.

The fact that similar behaviours have emerged in other sectors is cold comfort and I believe it is my responsibility, as Minister with responsibility for culture and the arts, to take action to ensure that such behaviours in the creative sectors are consigned to history.

In this important area of work, my Department has partnered with the Irish Theatre Institute, ITI. I am providing funding to the ITI which to date has amounted to €400,000. The ITI has been working in this area since 2017 to undertake extensive research and analysis, assist in the drafting of that, which will respond directly to the key issues, and work with my Department to implement those policies in an effective way that will, I hope, make a real and lasting difference to anyone working in this sector. Last year, the ITI undertook a landmark survey of the arts and culture sector, the results of which led to the launch of the Speak Up: A Call for Change report in November, with five important recommendations. Each of the five recommendations has a range of actions, all of which have been progressed by my Department, in partnership with the ITI and in collaboration with agencies, Screen Ireland and the Arts Council. The recommendations include short-term actions, practical initiatives and the longer term challenge of changing mindsets, behaviours and culture.

Overall, in working through these recommendations and associated actions, I consider that there must be a fundamental change at a systemic level, which requires a change across society. In helping to achieve this, a comprehensive awareness campaign is under way in combination with practical initiatives, such as bystander training, to effectively tackle sexual and gender-based negative behaviours on the ground.

For the past year and a half, I have funded Minding Creative Minds to provide a range of counselling and advisory services to the creative sector, free of charge. Some €530,000 has been allocated to date for this very valuable service and I will continue to fund this into the future. The Minding Creative Minds service is a 24-7 confidential mental health and well-being support programme for the Irish creative community and is delivered by Spectrum Life. Over the past six months, my officials have been working closely with Minding Creative Minds to expand its existing services and to incorporate some of the recommendations contained in the report, namely, offering specialised support for victims. Minding Creative Minds is in the process of road-testing these additional services to ensure that practices are up to the necessary standard. I expect this work will be completed shortly and that I will be in a position to make announcements soon. It is very important, in such a sensitive area, that the services are adequately tested before they are rolled out to the public as each and every case may represent a traumatised individual. Appropriate consideration for the victims of these damaging behaviours is vital.

Resourcing availability of information is another key focus of the work under way and the Irish Theatre Institute has been working on developing a new website which will incorporate elements of all five recommendations, and will have relevant resources and information available, including sectoral codes of behaviour, policy documents and other toolkits for artists and arts organisations. It will also have an online register whereby organisations can formally sign up to the code of behaviour and publicly declare their commitment to its implementation. This should help to build awareness and transparency across the sector.

Screen Ireland is collaborating with the Arts Council to develop bystander intervention training, which should be ready to roll out next month. Screen Ireland is also developing a suite of dedicated online training tools for arts organisations, artists and arts workers. These include self-led training, free of charge, in bullying and harassment and in unconscious bias. There will be additional bespoke elements for particular areas, for example, intimacy co-ordination for stage and screen. It is intended that these will be self-led. It is planned that the basic self-led modules, such as bullying and harassment, will ultimately become compulsory for workers in all organisations receiving grant funding from the Arts Council and Screen Ireland. The Arts Council and Screen Ireland are also introducing a new condition of funding for all recipients of grant funding whereby they must confirm that they have taken all necessary actions over complaints of poor behaviour on behalf of a board member or staff members.

In the meantime, I continue to engage with stakeholders and all interested groups, as do officials in my Department. I have had many meetings that have been helpful to me and, in particular, I recall Fair Plé telling me that I was the first Minister to engage with it. Most recently, I had a very constructive meeting with members of Safe Arts of Ireland, some of whom gave evidence to this committee. I assured them that I would continue work to implement Speak Up: A Call for Change and would keep them updated in the coming weeks and months.

I am pleased that the committee has taken a strong interest in this issue and am happy to take questions from members. Tá dul chun cinn maith déanta again. Tús maith leath na hoibre ach tá bóthar fada le siubhal againn fós. Tá súil agam go mbeidh muid ag taisteal le chéile. We have made good progress but we still have a long road to travel. I hope we will do this together.

I thank the Minister. Having read the opening statement, we can see the Minister has comprehensively addressed the issues. I welcome the level of interest she has shown in this issue, which has been of concern to the committee. The fact that she met with Fair Plé and the other groups is very positive. We have had quite a number of witnesses before the committee who have expressed concern and, obviously, some of them have been particularly brave in coming forward to express their point of view. It is essential, whatever the environment in the arts, in music and in the other areas under the Minister's remit, that everybody feels the environment is safe. Although the education system is not entirely the Minister's brief, a lot of work is being done in that area. Is there any more that can be done within that space?

The Senator is referring to the education system.

Yes, in the sense of a greater understanding within the education system. I am also talking about music education, where we can provide the necessary supports to those who want to come forward and make complaints.

In any context, we have to ensure there is safety in the workplace. For example, great work is being done in Comhaltas Ceoltóirí Éireann, where education and tuition are being provided in traditional Irish music and Comhaltas is the main body doing that. I look forward to the return of the Fleadh in Mullingar. Following the launch, Comhaltas Ceoltóirí Éireann, which is directly funded by my Department, welcomed the Speak Up: A Call for Change initiative as a timely report and Comhaltas stated its mission as being all-embracing and inclusive of everyone, regardless of race, religion or ability. Comhaltas has its Cothromaíocht: Respect, Equality, Opportunity programme, which details statistically its status in regard to gender balance throughout the organisation. It outlines the delivery of a range of training and mentoring supports, which are vital, as well as resources designed to advance a positive and lasting culture of respect and dignity throughout Comhaltas, which really is an education setting. I welcome that. Comhaltas updated me on that as recently as 13 May. It reported that it had delivered a wide range of training, including modules on a positive working environment and on its gender mainstreaming strategy, as well as reviewing and upgrading its websites and social media platforms.

It is important that, as a committee, we acknowledge the Minister's interest and work in this area.

I again welcome the Minister. What is her view on the establishment of an independent body through which individual victims of abuse in the cultural and creative industries can disclose experiences and which would be empowered to investigate these claims? Would the Minister be in favour of an individual built-in mechanism to protect whistleblowers?

It is important that there should be a place where people can go to register their complaints anonymously and have a sense that they are being taken seriously. This is an initiative that Safe Arts of Ireland talked about and it referred to similar facilities being available in some of our third level institutions, as I know from my engagement with it, and UCD in particular must be noted in this regard. Safe Arts of Ireland has asked for a new independent body to which complaints can be made by non-contracted workers, contracted workers and artists. My Department has been working on this for some months now in partnership with the ITI and in collaboration with Minding Creative Minds.

Progress is being made, and I am hopeful I will be in a position to make an announcement on that issue in the summer.

As for the matter of investigation of allegations of assault, sexual assault and rape, An Garda Síochána is the civil authority in the State for policing and investigation, and that should not change. The Minister, Deputy McEntee, has reported that every Garda division in the country now has a divisional protective services unit with specially trained officers available when victims of domestic or sexual violence present to the Garda. As for a place where people can go to register complaints anonymously, I have a sense that that is being taken seriously. It is being progressed in my Department.

The Dublin Rape Crisis Centre highlighted in its submission the need for trauma-informed training. Obviously, the topics and issues we are dealing with are very serious and very traumatic. Will the Department include and resource such training in its work?

Through the helpline, we hope that experts will be there. We are working on that. As I said in my speech earlier, in anything we have to do we have to be acutely aware of the fact that we are potentially dealing with traumatised individuals, so we have to test everything before we roll it out. Everything is being considered.

It is welcome to hear that the Arts Council and Screen Ireland are introducing a new condition for all recipients of grant funding whereby they must confirm they have taken all necessary actions over complaints of poor behaviour on the part of board members or staff members. How will that be monitored? One of the recommendations of the report is that there be compliance checks. Who will carry them out?

The Arts Council has informed my Department that recipients of funding must, as a condition of grant receipt, comply with all applicable requirements of the Safety, Health and Welfare at Work Act 2005. They must have in place appropriate policies dealing with workplace bullying and harassment. In line with the Arts Council equality, human rights and diversity policy, and in compliance with the Employment Equality Acts 1998 to 2015, they must avoid any form of discriminatory practice and have regard for the need to promote equal opportunities in the area of work. In the event of any board member or member of staff having behaved illegally, wrongfully or inappropriately or in breach of relevant policies and procedures in respect of any person, or in the event of the grant recipient becoming aware of any allegation or complaint that any board member or member of staff has behaved in such a manner, the grant recipient must take all necessary actions in respect of such board member or member of staff to ensure absolutely the safety and protection of such persons and members of the public. The Arts Council will carry out the compliance checks.

Will the Minister give us an update on the ITI's new website? What exactly will be on it? Will these new policies come under the remit of the Minister's Department?

I will have to come back to the Deputy on those exact details. As for the progress that has been made, I hope, by way of progress next month, to be able to launch a range of actions. What I can tell the Deputy about the website is that it will incorporate a code of behaviour, which I think I referred to in an earlier contribution, that organisations in the sector will be asked to adopt voluntarily. The code will include the following broad key principles: zero tolerance of the seven damaging behaviours, along with policies and procedures to maintain the code; published procedures for accepting complaints of damaging behaviour from individuals while protecting them from reprisal or retaliation; timely investigation and resolution of complaints of damaging behaviour; and awareness-raising of unacceptable behaviour in the workplace and roll-out of training using free training resources, ultimately to all workers in the organisation. In due course it will be expected that all organisations that receive or hope to receive funding from the State will adopt the code of behaviours. That is one element of the website that I can share with Deputy Munster. The dedicated website will also incorporate a dignity-at-work toolkit containing comprehensive information on supports and resources for all arts workers.

Does the Minister know if it will lay out, for example, sanctions for perpetrators in respect of receiving funding from State bodies?

The main step is that continued funding would require grantees to self-certify that they have not had an allegation of bullying, harassment or sexual harassment upheld against them for which a current disciplinary warning or sanction is in place. As Minister, I assure the committee that it is my firm policy intention that organisations that are not found to be providing a safe working environment for artists and arts workers will risk disallowing themselves from future funding streams. Damaging behaviour is simply unacceptable. While I fully expect organisations across the sector to embrace this agenda and to respond proactively to the matters raised in the survey, I wish to be crystal clear that where that is not the case, funding is at risk - full stop.

It might be no harm for that to be laid out in black and white on the website as a forewarning. The Minister says all organisations will have to sign up, but that does not necessarily prevent something happening-----

I see what Deputy Munster is saying. That might be well worth considering. As I said, my commitment to this is crystal clear.

It just might be useful. As I was about to say, this cannot be pre-empted, but perhaps what the Minister says could be laid out clearly in black and white.

Does the Minister know what the governing body will be?

Does the Deputy mean the relevant funding agency for-----

Yes, or the-----

If, for example, it is the Arts Council that provides the funding, that will be the body in charge. It is whichever body provides the funding. It depends on which body administers the funding.

Will the Minister outline the changes her Department is introducing to ensure there are the strictest of funding conditions that stipulate anti-harassment policies that must be adhered to in order to continue to receive funding?

Conditionality of funding and dignity at work policy are of the utmost importance. I have been engaging with the various organisations attached to my Department. I have made it crystal clear that I am very committed to this. As I said, I am making it crystal clear that funding is at risk unless this is adhered to. The vast majority of funding of the arts sector, as Deputy Munster will know, is disbursed by the Arts Council and Screen Ireland, agencies that are independent in their funding decisions. Both agencies have already been very clear in their approach to dignity at work and expectations that dignity at work policies are required for continued funding. They have known from their very first engagements with me early on that I am absolutely committed to this. The Irish Theatre Institute and my Department will continue to work with both agencies on this matter.

I compliment the Minister. She has comprehensively dealt with an issue brought up by the committee. She has taken it on board and it has been dealt with comprehensively, so all I can say is "well done". She has set out clearly in her opening statement what will happen if organisations do not adhere to this.

I thank the Minister and her officials for staying with us to discuss this. I commend the Irish Theatre Institute, the Arts Council and the Department for helping to bring this report together and Jane Daly and Siobhán Burke, who worked on the report. When they were before the committee they said that just after this report was launched, another was launched by, I think, the Law Society. As the Minister says, this is an issue across the entirety of our society and all its sectors, but that is cold comfort. No one wants to talk down any industry, but when there are problems we need to acknowledge and to address them.

I have engaged with people over the years, like the women in FairPlé and the #misefosta women who came out online as well, who have led the way in getting this committee to address the issue and progress the conversation with the Department. I want to commend all of those people and express my solidarity with them. There has been a lack of research in the arts and culture for years and we have been relying on outdated data. It is important we continue to develop data and this is just one example of that. Is there any plan to keep an eye on all of the art forms in terms of research and data? This was obviously an Irish Theatre Institute report and it mentions everything from traditional arts to theatre. Are there plans in terms of research across all the different art forms?

The second question relates to the talk about funding conditionality. The agencies have various requirements. Can I be confident that the Department has the same requirements as the agencies do? The Arts Council seems to set a very high bar. It allocates funding to the tune of €130 million thanks to the Department's increased allocations. Screen Ireland allocates €36 million. The Department allocates a significant amount of money to organisations. Can I be assured the same rigorous application process for moneys takes place by way of the Department's funding channels as it does in the Arts Council or Screen Ireland, for example? Does the Minister have any numbers in terms of people who have engaged with Minding Creative Minds for counselling and advisory services? How many people have used that service?

I thank all members who have commended the work of our Department but the people who deserve credit here are the women who have spoken up so bravely. It was striking. The bravery was remarkable during my engagement with them and I commend them. Things are changing because they spoke up and engaged with us. I mention also the survey done by the Irish Theatre Institute. I want to take a moment to praise these women and commend them on their bravery. I have heard their voices as they bravely told their stories of discrimination and sexual harassment and that is why we are absolutely committed to it. It is a priority.

Senator Warfield asked whether we were as rigid as the Arts Council. It is worked into our service level agreement so that absolutely is the case. I do not have the numbers here for those who accessed Minding Creative Minds services but we can come back to him on that.

On further surveys, the speak up survey was really the first of its kind. It was made possible because it was funded in its entirety by the Department and carried out by the Department's partners. Since the publication of the report in November, it has been my intention that further surveys will be carried out in line with recommendation five of the report. I will provide funding accordingly. We are already discussing the next round of research.

One of the issues will be the marketing of the survey. My officials will be proactive in seeking the assistance of resource organisations such as the national campaign for the arts, in encouraging as many people in the arts and creative sectors to complete the survey.

I see the potential in the basic income for the arts pilot as a research project. It might throw up some interesting data on this because it will give artists the independence to say "No". That might come out of the research. They might say they were not comfortable working in a particular area. We can then delve deeper into that. There is potential in the basic income that might reach out to more people in the sector. I think they were all the issues.

I call on musicians and men in the arts and culture to come out and support these issues, support their female colleagues who have told their stories and to show solidarity there. One of the things in the report is that strong and committed leadership is needed. I call on men in the industry to come out and show their support.

Congratulations to you, Minister, and to your colleagues and to the women, as you pointed out so powerfully, who have been part of this endeavour. We have arrived at a point where we have a roadmap ahead of us to ensure a safe space and safe participation for women in all aspects of our musical and theatre tradition. As the Minister pointed out in her contribution, not alone are there going to be very significant impositions placed on the bodies that represent the sector but there is also going to be a very comprehensive set of resources and tool kits available. It is exceptionally important that, as a condition of funding, organisations in receipt of grant funding must confirm that they have taken all the necessary actions over complaints of poor behaviour. We also need to provide some of these organisations that do not have the in-house expertise to be able to develop good practice within their organisations to access resources online or wherever else that allows them to do exactly that. I stress again that this is an equally important part of the endeavour. Well done on providing that. That brings us to the conclusion of this session.

The joint committee adjourned at 3.47 p.m. until 1.30 p.m. on Wednesday, 15 June 2022.
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