Interference in appointments at independent bodies 'a concern' for human rights watchdog

The country chapter on Ireland says that for those experiencing homelessness, it is 'deeply concerning that the provision of legal support is only available through a small number of charities such as MLRC [Mercy Law Research Centre] and Community Law and Mediation (CLM)'. Picture: Christian Horz/Alamy Stock

Political interference in the selection of the heads of independent bodies and their operation "remains a concern" in Ireland, according to an EU-wide report on the rule of law.

A report by the Civil Liberties Union for Europe (Liberties) published this week said Ireland has "exhibited stagnation or only minimal progress in its rule of law indicators", citing slow progress at updating ethic legislation and a lack of progression of a new Defamation Bill specifically.

In its country chapter on Ireland, the report cites concerns about proposed governance and structures of the Independent Examiner of Security Legislation, the Policing and Community Safety Authority, and the Office of the Police Ombudsman which "may limit their independence and impede their ability to operate effectively".

"For example, the Independent Examiner of Security Legislation does not have unfettered access to the information it needs to perform its role," the report said.

"The Office of the Police Ombudsman has restrictions on its independence that are not found in other national ombudsman institutions, such as the Ombudsman for Children and the Office of the Ombudsman."

Legal support

The report adds that Ireland has continued issues with access to legal aid, with issues including "high costs of legal defence, low eligibility thresholds for legal aid, language barriers, and insufficient interpretation services".

The country chapter on Ireland says that for those experiencing homelessness, it is "deeply concerning that the provision of legal support is only available through a small number of charities such as MLRC [Mercy Law Research Centre] and Community Law and Mediation (CLM)". 

The overall report says disabled people in Ireland "face barriers to justice" due to gaps in Irish law, lack of data, and discrimination against marginalised groups.

It adds that, despite a number of recommendations, "no meaningful progress has been made on legal reforms".

The report adds that Ireland is one of a number of countries where "investigation and enforcement of sanctions for corruption offences face significant challenges". 

It says that, in Ireland, "the detection and prevention of corruption is divided among several bodies — including the Standards in Public Office Commission (Sipo), the Corporate Enforcement Authority, and An Garda Síochána, and this fragmentation has led to criticisms of inefficiency and a lack of coordination".

The report said Ireland is among a group of countries which have "implemented, or at least initiated, reforms to depoliticise the judicial appointment and removal process, showing a willingness to better protect the justice system from undue political pressure".