Address by President of the Irish Human Rights Commission

Address by President of the Irish Human Rights Commission

Wednesday, 28 September 2011

Senator Ivana Bacik: I welcome Dr. Manning back to the Seanad in his capacity as president of the Irish Human Rights Commission. I enjoyed his address, as I am sure did all Members, as shown by the response he received. It is an auspicious time for him to come to the Seanad to speak to us on human rights, given that in a week's time, next Thursday, 6 October, we will see the periodic review of Ireland's human rights record before the United Nations. I am grateful, as I am sure are colleagues, to the many civil society groups represented in the Visitors Gallery today which made submissions to the United Nations as part of the review process and which sent copies of their submissions to us. In particular, I found very useful the submission of a collective of civil society stakeholders under the title, “Your Rights. Right Now”, provided by the Irish Council for Civil Liberties.

Before speaking about some of the human rights issues raised in the submissions, I pay tribute to Dr. Manning because, as he and Senator Conway said, “human rights speak” can sometimes be impenetrable or difficult to follow, but Dr. Manning has always made it accessible. I have always thought that one of his key achievements as president of the Irish Human Rights Commission has been to make the language of human rights accessible and understandable. Some of the points he has made about the future protection of human rights in this jurisdiction are extremely important. His reference to the body which will emerge as a result of the merger of the Irish Human Rights Commission and the Equality Authority and the idea that it will be made accountable to the Oireachtas rather than the Government is hugely important; it is something we in the Seanad must try to drive.

Dr. Manning's insightful comments on the role of the Seanad give us food for thought. This Seanad is a much more dynamic and vibrant institution than the previous Seanad, to which I had the privilege of being elected. The omens are good in that regard.

On human rights issues, there are four key issues which I see as being critical in the periodic review and on which I would welcome Dr. Manning's response. Part of the Seanad reform procedure we have instituted not only involves addresses by persons such as Dr. Manning but also provides for greater engagement with civic society through public consultation. Having questions and answers and more direct responses in this Seanad is important. On the four key issues that emerge from many of the submissions made and on which the periodic review is likely to be critical, what are the specific issues on which Dr. Manning believes Ireland may be found to be at fault?

The first of these issues is children's rights which comes through as a key issue in many of the submissions made to the United Nations. The overriding concept of holding a referendum on children's rights and its timing will, no doubt, be brought up. It is a priority for the Government and the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, in particular. There are other issues around the lack of a universal child benefit payment for the children of asylum seekers who are not habitually resident here. This issue has been raised by a number of groups such as the Free Legal Advice Centres. The rights of children of asylum seekers living in direct provision accommodation has ajlso been raised by AkiDwA. Equality of access to education for children has been raised from a number of perspectives by the Irish Traveller Movement, GLEN, the Irish Refugee Council and others. The Irish Human Rights Commission has referred to the need for equality of access to education for children of all religions and ethnicities and the right of access to education for children with special needs and disabilities. I suspect this may be an issue which will come up in the period review. Has Dr. Manning a view on what is likely to be the most pressing concern for the United Nations?

On the issue of prison conditions and penal reform, the Irish Penal Reform Trust has made a strong submission that the impact of overcrowding on prisoners constitutes a serious health and human rights issue. There are other issues around slopping out and the imprisonment of children, including the continued detention of children in St. Patrick's Institution, that might well be raised. The lack of an independent complaints mechanism for prisoners, for child prisoners in particular, is also a pressing issue.

On women's rights, there are issues around the representation of women, an issue on which I have been very active and to which the Government is committed to addressing through the electoral amendment legislation, the heads of which the Minister for the Environment, Community and Local Government, Deputy Hogan, has published. This may be something that will be seen as positive in the periodic review. However, the report issued today by Safe Ireland showing the appalling numbers of women seeking assistance in domestic violence cases highlights the need for greater resources for domestic violence shelters and refuges. This may be a point of critique in the period review.

I raise the issue of women's reproductive rights, an issue which has been raised in the civil society stakeholder report entitled, “Your Rights. Right Now”. Recommendation No. 12 points to the need for the repeal of the Offences Against the Person Act which criminalises the provision of abortion services. Legislation is also recommended to implement the decision in the X case. As many will be aware, Ireland has been subject to a series of criticisms from international bodies such as the UN body which monitors the Convention on the Elimination of All Forms of Discrimination against Women and the convention against torture. Ireland has been subject to a number of criticisms about our restrictive abortion laws. Only last year in the ABC v . Ireland case the European Court of Human Rights found Ireland to be in breach of the convention in respect of an overly restrictive law on abortion and owing to a lack of clarity where a woman's life was threatened by the continuance of her pregnancy. Will Dr. Manning say whether this will be an issue in the UN periodic review and on which Ireland could be seen to be at fault? The programme for Government has committed us to taking certain actions on foot of the ABC v. Ireland case, namely, the establishment of an expert group which will have to be done without delay.

I thank Dr. Manning for a thought provoking and insightful address to us, not only on the subject of human rights protections but also on the future of this House and, more broadly, the reform of our governance system to ensure greater protection for human rights in a reformed Oireachtas. We will all be taking on board the comments he made.