Human rights body fears for independence
IHRC president Maurice Manning has called for the proposed legislation to set up the new body to be strengthened in five key areas to ensure it remains independent of the State.
Dr Manning said the commission had a unique role as a national human rights institution and was not an arm of any government department.
The IHRC has already submitted detailed observations to Justice Minister Alan Shatter on the proposed legislation to set up the new body, which will be called the Irish Human Rights and Equality Commission (IHREC).
The IHRC said it had a statutory remit to provide observations on legislation which impacts on the protection of human rights in Ireland.
Speaking at the launch of the IHRC’s annual report yesterday, Dr Manning remarked: “It is important that the legislation ensures the IHREC can attain re-accreditation as an ‘A’ status national human rights institution under the UN Paris Principles early in 2013.”
He stressed the importance of the new body being able to hold the State to account across the full range of human rights and equality standards that Ireland has committed to uphold.
The IHRC has expressed concern about the proposed procedures for appointment to the IHREC board, which it believes needs revision to comply with the required standards of openness, transparency, and independence.
Dr Manning said an ongoing connection of the new body to a government department risked both its actual and perceived independence. He said it had a negative impact on the work of the IHRC and the Equality Authority in the past.
“As much of our scrutiny concerns the work of departments in general and the remit of the Department of Justice in particular, there will always be conflict or potential conflict if the situation remains as it is.”
The IHRC is also concerned about the possibility that administrative and financial controls as well as confidential case files could be moved into the Department of Justice system.
Dr Manning said that the IHRC and Equality Authority were already hampered in meeting their statutory obligations due to “inadequate budgets and staff levels”.
In his speech, Mr Shatter said the merger of the two bodies was one of the most important initiatives he had undertaken since being appointed minister.
He reminded the IHRC that he had been a long-term vocal critic of their treatment by the previous government, especially in relation to funding cuts.
The minister promised that the independence of the new body would be “sacrosanct”.
Mr Shatter said the proposed system of financial controls were not intended to compromise the new body’s independence but to ensure it complied with good corporate governance.
