Letters to the Editor: We need clarity on what IHREC's equality mandate really is
'[W]hile human rights remained clearly defined in terms of Ireland’s Constitution and international human rights law, there was no equivalent definition of equality in terms of Irish or EU law. In fact there was now no definition of equality at all.' Picture: iStock
Just before the summer break, the Oireachtas committee on children and equality heard from the Irish Human Rights and Equality Commission (IHREC) about two new EU directives on national equality bodies. In transposing these new directives into Irish law, the Government needs to address a fundamental weakness in the implementation of EU equality law in Ireland.
Following the adoption of the EU Race Equality Directive in 2000, the Equality Authority was designated as Ireland’s national equality body precisely because it had specific statutory responsibilities to work towards the elimination of discrimination and the promotion of equal opportunities under our Employment Equality and Equal Status Acts.
In 2008, the government of the day cut the authority’s budget by 43%, provoking a crisis in the organisation from which it never really recovered.
In 2011, a new government promised to resurrect the work of the Equality Authority through a merger with the Human Rights Commission to form IHREC.
Over time, that merger has led to a major expansion in activity on human rights compared to the earlier commission. However, the same cannot be said for equality and activity on implementing equality law has remained significantly below that delivered by the Equality Authority almost two decades ago.
Remarkably, the authority’s statutory equality functions were not carried over into the IHREC Act in 2014.
Instead, the drafters took the functions of the Human Rights Commission and added the word equality alongside the existing references to human rights.
However, while human rights remained clearly defined in terms of Ireland’s Constitution and international human rights law, there was no equivalent definition of equality in terms of Irish or EU law. In fact there was now no definition of equality at all.
The new EU directives permit a national equality body to function as part of a body which also holds a mandate for human rights.
Crucially, the structure of the body must nevertheless guarantee the effective exercise of the specific equality mandate.
This has implications for matters such as IHREC’s investigative powers — its main inquiry power is unworkable — and the allocation of its resources to equality.
However, the most fundamental problem is the lack of legislative clarity on what IHREC’s equality mandate actually is. This must be addressed in transposing the new directives, by defining equality in the IHREC Act in terms of Irish and EU equality law.
“Today, mankind is faced with the choice of peace or war, dialogue or confrontation.”
These recent words of Chinese president Xi Jinping reflect the precarious nature of our world, especially when they are placed alongside the rebranding of the US Department of Defense as the Department of War by Donald Trump.
Unlike China’s clever use of soft power to extend its world influence, the United States under Trump believes it can enforce its world hegemony by military might, as exemplified by its attack on an alleged drug-smuggling boat in international waters, which killed 11 people last week. Mr Trump has claimed without evidence that the boat was carrying narcotics from Venezuela to the United States.
This is but the latest example of Trump’s disregard of international law and the undermining of the existing world order.
Unfortunately, the rest of the world are powerless to prevent both empires from their expansionist ambitions which are endangering world peace.
However, there is an alternative.
Ireland and other small nations of the world have the opportunity to join together in mutual solidarity to resist the threats to world peace posed by both Xi Jinping and Donald Trump.
The recent reports of racist and sectarian attacks on homes throughout Northern Ireland can best be described as a campaign to create immigrant- and Catholic-free areas.
These appalling attacks are about more than painted kerbstones and pipe bomb attacks on nationalist and immigrant communities and their property. What we are witnessing is the collapse of a once powerful political monolith, as loyalists are forced to treat their nationalist and immigrant neighbours with equality of opportunity in the jobs market, a housing list based on need, not political affiliation, and a political assembly based on inclusion rather than exclusion.
Loyalist feet on street protests in Northern Ireland conjures up images of armed members of the PSNI standing guard outside Catholic churches, schools, businesses, and homes in attempts to prevent the orgy of petrol and paint bomb attacks which was endemic throughout nationalist areas.
It is also reminiscent of the murderous pogroms perpetrated against Catholics in Belfast in the 1920s, and the ‘Catholic cleansing’ of the the Harland and Wolff shipyards,
Civil society in the North must never again be subjected to public displays of tribal territoriality, domination, or sectarian bile. Sectarian street protests must never be allowed to dictate and intimidate elected public representatives.
For society to acquiesce to threats and intimidation from fascists and bullies is tantamount to permitting the state to be governed according to the principles of sectarian mob rule.
Five decades of opinion polls have clearly shown the desire of the Irish people not to become involved in wars but instead to be peace-makers. This was clearly seen when, because of fears over the ongoing militarisation of the EU, the Irish people initially voted to reject both the Nice and Lisbon treaties. The introduction of the triple lock resulted in a change in the vote, and the treaties were accepted. The triple lock made becoming involved in EU military missions without a UN mandate impossible. The government’s attempt now to remove the triple lock is stunningly undemocratic.
The EU has already sent over $65bn in military assistance, including air-defence systems, Leopard tanks, and fighter jets to Ukraine; this includes $6.6bn from the implausibly named European Peace Facility.
Two requests to European Commission president Ursula von der Leyen to inquire what attempts the EU have undertaken to initiate peace talks remain unanswered.
The world needs Ireland to adhere to our Constitutional obligation to be peacemakers, and to do so, Ireland needs the triple lock. Without concern for any economic fallout, Ireland must act proactively to be a centre for reconciliation and to bring peace to our troubled world. We must keep the triple lock.
Your coverage of the canonisations in Rome on Sunday, attended by an estimated 80,000 people, made good reading — ‘Pope declares 15-year-old computer whiz, known as ‘God’s influencer’, a saint’ (Irish Examiner, September 8).
At least two scientifically inexplicable healings are attributed to each of the new saints Carlo Acutis and Pier Frassati.
In 2013, for example, a four-year-old boy in Brazil called Mattheus was very seriously ill with annular pancreas, which caused his weakened body to reject food and liquids. He was instantly and completely cured when he touched Carlo’s relic with the simple prayer: “I wish I could stop getting sick so much.”
At the ceremony in Rome some young people had a quotation from St Pier on their T-shirts: “Wherever you can, do a little good.”
Maria Steen tells us that she knows her decision to put herself forward to run in the presidential election will affect her children.
It might also affect mine. I don’t want a president who believes my daughter has too many rights.
I think it’s a great idea to allow people to provide for their family and allow for a 45sq m, one-bedroom build without planning in their back garden. It could take a lot of pressure off families and the Government with regard to the housing crisis. Not to mention student accommodation during college years.
I do hope the Government will get this issue through quickly.
