Seanad Éireann díospóireacht -
Tuesday, 12 Jun 2012

Vol. 215 No. 15

Adjournment Matters

Departmental Agencies

Senator Katherine Zappone

I welcome the Minister for Justice and Equality to the House. Last week I also raised this issue. As the Minister is present, I welcome the publication of the heads of the Irish Human Rights and Equality Commission Bill. I acknowledge his commitment to establish the new body that will be strengthened in its ability to respect human rights and the equal status of everyone in our society. I also acknowledge how swiftly he has moved in response to the working group's report that was grounded in a substantial public consultation process. As the Senators and the Minister are aware, the report is based not only on insights from the public consultation process but up-to-date substantive literature regarding best practice of mergers within a comparative context. What came through from the working group's report, particularly the executive summary, was that from almost every source, both the consultation and the theoretical literature, a recurring theme emerged that the new organisation must be independent and comply with the UN and Paris Principles. My questions centre on the potency of the new body's effectiveness and its ability to operate with genuine independence. Resources play an integral part in both.

I also raise my questions in the context of the €3.4 million cut from the budgets of the Irish Human Rights Commission and the Equality Authority since 2008. As a former member of the Irish Human Rights Commission I saw at first hand how the reduction impacted on our work. Even with the "open for business" approach that the commission's president, Dr. Maurice Manning, and the former CEO, Mr. Éamonn Mac Aodha, had after those cuts, without question the commission had to cut back in exercising its functions with the consequent effect of having less of an impact on the protection and promotion of human rights in Ireland.

With regard to the effectiveness of the new body, I note and welcome head 28 of the Bill which stipulates, "The Commission shall be provided with sufficient resources to ensure that it can carry out each of its functions effectively." In regard to the independence of the new body I note that the working group outlined how financial security is a core component of institutional independence. Given the restrictions on the budgets of the two bodies and the working group's assessment that neither body is able to carry out its full mandate in the light of these restrictions, how will the new commission achieve independence and effectiveness? The Minister for Justice and Equality, Deputy Alan Shatter, indicated recently that there would be an immediate saving of €500,000 following the merger. Where will these savings be made? It does not appear we will go anywhere near ensuring the provision of proper resources to carry out the enhanced functions of the new commission in the context of what is provided for in the heads of the Bill. What are the Minister's plans to ensure the new body will achieve "A" status from the international co-ordinating committee of the national human rights institutions and thereby indicate that we will comply with the Paris Principles, to which, of course, independence and effectiveness are central?

Minister of State at the Department of Justice and Equality (Deputy Kathleen Lynch)

I thank the Senator for raising this matter on the Adjournment.

I take the opportunity to emphasise the Government's continued commitment to promoting respect for human rights and equality of opportunity in Irish society and the Minister's personal commitment to a successful merger of the Human Rights Commission and the Equality Authority. I am responding on behalf of the Minister who has been moving between the two Houses all day. No matter how superhuman one is, one needs a food break.

Senator Katherine Zappone

I fully accept that.

Deputy Kathleen Lynch

As the Minister said last week when announcing Government approval of the general scheme of the Bill to create the new Irish Human Rights and Equality Commission, our society will benefit from having a strong and effective human rights and equality body. The two bodies mentioned have their strengths and the Minister intends that the new commission will combine the best of both. By pulling the two together we are aiming to keep the strengths of each and build something new that will be more effective than the sum of the existing two bodies in pursuing its mandate. The levelling up of powers and functions, the introduction of a new role in supporting public bodies to have due regard to equality and human rights issues in their work and the creation of a sliding scale of possible interventions and powers which can be exercised in a nuanced way commensurate with the nature of the problem, including as a last resort, an effective power of inquiry and powers to initiate court action will all serve to make this a more effective body than its two predecessors combined.

The Minister is aware of the history of funding cuts in the two bodies in the past four to five years. He has made strengthening the new commission and ensuring it complies unequivocally with the Paris Principles a personal commitment in the preparation of the Bill to establish the new body and in the merger process. He is of the view that it is of crucial importance to ensure the new body will achieve the highest international standing and domestic credibility for its independence and remit. Accordingly, the general scheme of the Bill provides for an independent selection process to nominate people for appointment to the new commission and for their appointment by the President following the passing of a resolution by both Houses of the Oireachtas. For this reason, the general scheme of the Bill also strengthens the powers and functions available to the new commission, introduces a new role of supporting public bodies in having due regard to equality and human rights issues in their work and creates a sliding scale of possible interventions and powers.

As the Senator has highlighted, the new commission's resources, used effectively, efficiently and strategically, will be one of the key factors in its successful establishment and future operation. The working group set up to advise on practical issues in the merger recommended that the new commission, as a priority initial task, undertake a review of its staffing needs to compile the evidence for a business case to meet essential additional staff needs it may identify, over and above the staff complements of the existing two bodies which will transfer to it. The annual financial allocation for the new commission will fall to be determined in the light of the budget for the relevant years and be announced in that context in due course. The Minister cannot pre-empt the budget. While stressing the seriousness of the fiscal situation we face and the severe staffing constraints that apply across the public service, he has asked me to reiterate his openness to have such a business case examined by the Department in as favourable a light as possible, even in current circumstances. In significantly streamlining the complex governance arrangements of the agencies which comprised two chief executives and up to 16 board members of the Equality Authority and a 15 member commission, projected savings are in the region of €500,000 per annum in related expenditure. It is the Minister's intention that this money will be available to support the core work of the new commission.

The Government is confident that the high standing and reputation the Human Rights Commission and the Equality Authority have each achieved internationally will be maintained by the new body. The question of its accreditation is a matter for the new commission to pursue and the ICC to assess in due course. The package of legislative proposals set out in the general scheme, as published, is a very strong foundation for the new commission. The Minister's intention is that the Bill will be published and enacted in the course of 2012. The question of resources will come into focus when the new commission prepares its assessment of its staffing needs.

As the Minister indicated, the selection process for the new commission will commence shortly and the persons selected by the independent selection panel will be appointed to the boards of the existing bodies in order that the two organisations can start to operate as a cohesive whole, with a transition programme being prepared and put in place. Therefore, the two boards, operating as one unit, can commence preparing a strategic plan for the new body and that work can be taken forward rapidly in the staffing review and other preparatory work envisaged in the working group's report.

I again express my appreciation and that of the Minister to the Senator for raising this topic which is of great importance not only to the Government but also the entire country. The Minister is keen to raise public awareness of the merger proposal and what it will involve, as well as the opportunities it offers in facilitating further public engagement on the broader human rights and equality agenda in Irish society. For this reason, as he announced last week, he has asked the Joint Committee on Justice, Defence and Equality to examine the general scheme and engage in a further focused consultation process with civil society and other interested parties on the entire range of important issues related to the establishment of the new commission. Debates such as this help to ensure the public is fully aware of what we intend to do.

Senator Katherine Zappone

I welcome the statement that there is an intent to level up powers and functions in the new commission, as there was huge concern on the part of the two bodies that there would be a levelling downwards rather than upwards. The Joint Committee on Justice, Defence and Equality, of which I am a member, has been asked this week to review head 13. May I take it that the saving of €500,000 per annum will be made through consolidation of the commission's expenses? For clarification purposes, what does the Minister mean when he says he is looking for a business case to provide whatever additional resources are required?

Deputy Kathleen Lynch

Each Department, irrespective of the additional resources sought, must make its case to the Department of Public Expenditure and Reform in a businesslike fashion. That is the Minister's intention. We are all aware of the difficulties encountered in the two organisations as a result of the reductions in funding. For example, there were certain projects they would have wished to undertake but could not do so because of a lack of resources in terms of expertise. We understand there will be certain areas within the new commission in which there may be a lack of expertise. That is what the Minister is talking about. In the event that there are gaps in the organisation he has said that if a case is made to him, he will ensure it is looked on in as favourable a light as possible.

Senator Katherine Zappone

The Minister of State's response is very helpful. It is important to stress the gaps in expertise, particularly those related to the exercise of the functions set down in the legislation, as distinct from additional projects and other matters. The bodies in question must exercise their functions to be effective and independent and ultimately to comply with the Paris Principles.

Acting Chairman (Senator Pat O’Neill)

As the Senator who submitted the second matter is not present, the Minister of State may be excused.

Certificate of Irish Heritage Scheme

Acting Chairman (Senator Pat O’Neill)

I welcome the Minister of State at the Department of Foreign Affairs and Trade, Deputy Costello, to the House.

Senator Ivana Bacik

I welcome the Minister of State and thank him for dealing with the matter I raise. I am interested to find out how many certificates of Irish heritage have been issued and paid for since the scheme was initiated. I fully support the Irish heritage certificate scheme, which is a positive and innovative initiative. I am conscious that a number of high profile individuals have been recipients of the certificates, notably President Barack Obama, to whom a certificate was presented by the Taoiseach, Tánaiste and visiting Ministers during the recent St. Patrick's Day period in an event that generated positive media coverage for Ireland. The first certificate also generated positive coverage, although of a much more poignant nature as it was presented posthumously by the Tánaiste in September 2011 to Joseph Hunter, a New York fireman who died tragically in the terrorist attacks on the World Trade Centre on 11 September 2001. The presentation to Mr. Hunter's family was a worthy beginning to the initiative.

I am curious to learn how many other certificates have been issued and what system is used for issuing them. I am conscious also that certificates have been presented to former President Bill Clinton and Lord Sebastian Coe. I learned from the relevant website that the Tánaiste and Minister for Foreign Affairs and Trade, Deputy Eamon Gilmore, issues a certificate on behalf of the Government. Certificates are presented to those who have ancestors born in Ireland but not to those who were born here and recipients must be aged over 18 years. People are also assisted in applying for certificates on the website. I read some of the customer testimonials which are very nice and several make the point that the certificates encourage people to come and visit Ireland. I saw one such testimonial from Argentina by a person who states, "I would like visit your Country . . . our Country!" The certificates certainly help people to feel a sense of affiliation with this country and if they generate positive trade and tourism links, the scheme will achieve its objective.

As I noted, I am curious to know how many certificates of Irish heritage have been issued and how many of them have been paid for. I am conscious that there is significant value in awarding the certificates free of charge and I anticipate that a considerable number of them will have been awarded by the Government. To give them away for free is in itself valuable if it generates positive publicity for us in other countries. I presume President Obama and former President Clinton did not pay for their certificates. There is immense value in having a facility to give away this type of certificate.

Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe Costello)

I thank the Acting Chairman, Senator Pat O'Neill, and Senator Bacik for their words of welcome. I also welcome Senator Bacik's remarks in support of the Irish heritage certificate scheme.

Since coming to office in March 2011, the Government has repeatedly stated its belief that our diaspora can make a meaningful contribution to Ireland's economic recovery. The Gathering, the Global Irish Network, the certificate of Irish heritage, the emigrant support programme, Connect Ireland and our support for local initiatives such as Ireland Reaching Out, are central to our goal of strengthening our links with the global Irish. The certificate of Irish heritage was developed in response to a strong demand from members of our diaspora. The proposal was included in the strategic review of Ireland-US relations produced by our ambassador to Washington in 2009. The idea was warmly received at the time by the Irish-American community and endorsed by participants at the 2009 Global Irish Economic Forum in Farmleigh.

The first certificate was presented by the Tánaiste in September 2011 to the family of Joseph Hunter, a New York fire fighter who lost his life on 11 September 2001. Mr. Hunter symbolised many of the traits of our diaspora. Although not born in Ireland, he embraced the heritage of his mother and father. His reputation and honest work in his parents' adopted home continue the trend of so many who went before him. Since then, presentations have been made to a number of well known individuals, including former President Clinton, President Obama and Lord Coe in London.

Vibrant Irish communities with a strong sense of their Irish heritage across the world have been essential in helping to rebuild Ireland in the past and I am sure they will continue to help in the current environment. The certificate is an appreciation of the strong and enduring connection to Ireland felt by many people. It is a sincere gesture on behalf of the Government and people of Ireland to reach out and acknowledge both individual connections, such as those of Joseph Hunter, and also the wider connections at community level. The certificate provides an opportunity for people to engage with Ireland and discover more about their history, their heritage and the country. We should encourage those families in the United States or Australia who want to sit down together and study the census records and birth certificates of grandmothers and great-grandmothers and see what their lives were like. Applying for a certificate, either for oneself or as a gift, provides an opportunity to do this.

To date, 682 certificates have been purchased and 58 have been issued as presentations or to competition winners. Our follow-up contact with some of the early recipients has shown a very positive and emotional response, particularly as the certificate was an official recognition by the Government of the recipient's heritage. The Irish abroad unit in my Department and Fexco, which operates the certificate programme on our behalf, remain in ongoing contact on the operation of the certificate and, in particular, to increasing awareness of its existence. In response to market research, several upgrades have been introduced to enhance the process and product. We will continue to work with all relevant partners to ensure the ongoing success of the certificate.

Senator Ivana Bacik

I thank the Minister of State for his full response in providing the relevant figures and more information on the background to the Irish heritage certificates. As I noted, the scheme is a worthwhile and valuable initiative. The Minister of State referred to market research. Is it planned to market and publicise the certificates more widely to encourage increased take-up from other countries? I presume such efforts are being undertaken in conjunction with the Gathering event to be held next year.

Deputy Joe Costello

While I cannot provide a direct answer to the Senator's question, I will revert to her on the matter. I presume work is being done on this issue. A different Department is responsible for the Gathering and it deals with the marketing of the event. Marking and highlighting the Irish heritage of people is integral to the certificate of Irish heritage scheme. As the Gathering is focused on bringing people of Irish ancestry to this country, I expect the scheme to be a strong focus of the work being done in that area. I will obtain the information the Senator seeks.

The Seanad adjourned at 7.10 p.m. until 10.30 a.m. on Wednesday, 13 June 2012.