Consultation needed with civil society on convention

We welcome the Taoiseach and the Government’s decision to establish a Constitutional Convention.

This could be a critical opportunity to update and strengthen Bunreacht na hÉireann, the most definitive statement of our country’s collective values.

We note with regret that, to date, there has been no formal consultation with civil society about the form or content of the convention. We consider that a meaningful consultation with civil society groups should take place before the Government’s proposals are finalised. It is vital that Government maximise public participation and engagement in the work of the convention.

The list of issues already identified by the Government for review by the convention is worthy of examination. However, the list is too restrictive and fails to take advantage of the initiative your Government has shown in establishing the Constitutional Convention and providing for a moment of such historical significance. Nor does it match the ambition of the Programme for Government commitment that “by the end of our term in government, Ireland will be recognised as a modern, fair, socially inclusive and equal society”.

In view of the economic uncertainty, when the protection of economic and social rights has never been more important, it is disappointing that the Government will not expressly commit to the examination of these issues. Ireland’s international commitments under human rights law must be recognised in our domestic laws, including the commitment to protect economic, social and cultural rights, such as health, housing, and adequate income.

Domestic incorporation of these human rights has also been recommended by the UN Special Representative on Extreme Poverty, the Committee on Economic, Social and Cultural Rights and the Council of Europe Commissioner for Human Rights. It also makes sense in the context of Ireland having recently signed the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. An examination of how Bunreacht na hÉireann protects these rights is long overdue.

We urge the Government to include economic, social and cultural rights on the agenda of the Constitutional Convention with immediate effect, and to ensure that the Convention is given sufficient time to interrogate these issues.

We understand that the Government is prepared to consider whether other topics could be considered at a later date, and that it will consult with opposition parties and the chair of the convention at the appropriate time. We believe there is a significant danger that neither the time nor the resources will be available for the examination of these issues unless a commitment is made to do so from the outset. We, the undersigned, urge the Taoiseach and the Government to engage in a consultation process with civil society regarding the Constitutional Convention and support the inclusion of economic, social and cultural rights on its agenda.

Colm O’Gorman

Amnesty International(on behalf of two dozen equality and human rights bodies listed at amnesty.ie)

48 Fleet Street

Dublin 2