From Department of Children, Equality, Disability, Integration and Youth
By: Minister for Children, Equality, Disability, Integration and Youth; Roderic O'Gorman
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Thank you Ambassador Gaffey for the introduction, and thank you to the Chair Photini Pazartzis and to the entire Human Rights Committee for meeting with us today.
I also warmly welcome the attendance of a number of Irish civil society representatives at the review today. We have greatly benefited from your active engagement throughout the reporting and review process.
Ireland is a strong supporter of the UN Treaty Body system, and we welcome this opportunity to discuss the actions we have taken on Issues previously raised by this Committee.
I am joined by senior officials from across the Irish Civil Service, in particular from the Department of Children, Equality, Disability, Integration and Youth; the Department of Foreign Affairs; the Department of Justice; the Department of Social Protection; the Department of Health; and the Attorney General’s Office.
We are also joined virtually by officials from the Department of Education, and the Department of Housing, Local Government, and Heritage. In December 2020, this Committee presented Ireland with a List of 24 Issues in relation to our implementation of the International Covenant on Civil and Political Rights.
We carefully analysed that List, and earlier this year we submitted our response. Last week we also submitted an addendum report that reflects progress to the end of May 2022. I am pleased to outline some of the highlights of this progress for you today.
I would like to begin with the sensitive issue of Mother and Baby Home institutions and investigation of historic instances of human rights abuses in institutional settings.
As the Taoiseach set out in his apology following the 2021 publication of the Report of the Commission of Investigation into Mother and Baby Homes, the Irish Government recognises our responsibility to acknowledge difficult truths and make amends where we have failed to maintain high standards. In the context of Mother and Baby and County Home institutions, the State repeatedly failed to protect vulnerable citizens, and to uphold their most fundamental rights.
The Commission, which was an independent body produced a report that reveals the dominant role of the churches and their moral code in the early years of the State, and lays bare the systemic failures of the State. It exposes the profound wrongs visited upon Irish women and their children who should never have been in such institutions in the first place.
Having engaged with many survivors, I am conscious of the terrible hurt and pain caused, and the toll this has had, and continues to have on many individuals and their families – at home and abroad.
I welcome this opportunity to acknowledge the courage and determination of survivors and all who have tirelessly campaigned on these issues for many years. It is clear that elements of the Commission’s report did not live up to survivors’ expectations. I recognise the hurt which this has caused.
When publishing the Commission’s report, the government made 22 wide-ranging commitments aimed at making amends by addressing the priority needs and concerns of those who spent time in these institutions.
Most importantly, the Commission’s report, and the State apology, are not a conclusion but a starting point for the further restorative measures now being progressed with empathy and humility.
These commitments have been consolidated in the ‘Action Plan for Survivors and Former Residents of Mother and Baby and County Home Institutions’. In parallel, we have steadily progressed individual measures to ensure tangible results for survivors as soon as possible.
Of the 22 actions, I would like to highlight 4 of the major pieces of work. In the past week we have enacted and commenced historic legislation to conclusively address the wrongful denial of individuals’ identity rights.
The Birth Information and Tracing Act 2022 finally overcomes decades of legal obstacles to provide a full and clear right of access to birth certificates, birth and early life information for all persons who were adopted, boarded out, the subject of an illegal birth registration or who otherwise have questions in relation to their origins.
The Act is a very significant part of the reparations that the Irish State is making for its failure towards children and women since the foundation of our State.
We are progressing legislation to establish a Mother and Baby Institutions Payment Scheme, providing financial payments and health supports to eligible persons. Another Bill will allow for exhumation, identification and dignified reburial of the remains of the infants at the Tuam burial site.
This Bill will be passed through our Parliament later this week. Government has also recently approved proposals for a National Centre for Research and Remembrance- a national memorial and site of conscience to honour the lived experiences and dignity of all those who have endured institutional trauma.
Continued dialogue with survivors will take place with a view to healing relationships and rebuilding trust with those who still suffer the awful weight of their experiences. We are aware of the urgency of this work and it is an absolute priority for the government.
As the Committee knows, Ireland has had a major focus on combatting domestic, sexual and gender-based violence (DSGBV) for some time. In recent days, the government approved and published Ireland’s Third National Strategy - our most ambitious whole-of-government strategy to date.
It has a particular focus on prevention, as well as ensuring that the criminal justice system and other services better support victims. The Strategy also sets a goal of zero tolerance for all forms of DSGBV in Irish Society. It commits to special support services for victims/survivors of FGM.
Taking account of the additional risk factors created by overlapping forms of discrimination, it recognises the need to reflect lived experiences and particular victims/survivor groups, including migrants, Travellers and Roma, persons with disabilities and LGBTI+ people.
Separately, my department is advancing the introduction of paid Domestic Violence Leave.
On the issue of termination of pregnancy, the 2018 referendum outcome paved the way for the Health (Regulation of Termination of Pregnancy) Act 2018. The legislation sets out the law governing access to termination of pregnancy in Ireland.
The termination of pregnancy service is embedded as a normal part of the Irish health care system with a particular emphasis on service provision in community settings.
Like any health service, there is continuing focus on the further roll out of service, capacity planning and service development aimed at continuing to enhance the service and access to it.
Importantly, in line with statutory commitments, a 2-stage review of the operation of the legislation has been initiated, including a widespread consultation.
A final report is expected to be completed by the end of this year.
We are developing legislative proposals to provide Safe Access Zones to protect the right of patients availing of health services and their family members from being subjected to further distress at a time and place when they may feel most sensitive to uninvited attention.
The law will also seek to protect health services staff providing lawful services from intimidation or harassment. I expect that draft proposals will be published soon.
Moving on to trafficking in persons:
We have considerably strengthened measures in the past 2 years including introducing a new National Referral Mechanism to create new pathways for a person to come forward to be recognised as a victim.
Later this year, we will publish a new Human Trafficking Action Plan. A key focus of the plan will be prevention.
The government has also taken proactive steps to raise awareness of and mitigate any potential risk of trafficking in the context of people arriving into Ireland having fled the war in Ukraine.
I am happy to tell the Committee that I am examining our reservation regarding Article 10 paragraph 2 insofar as it relates to Article 10 paragraph 2(b) with a view to partial withdrawal of this element.
We recognise the vulnerability of particular groups of migrants and in addition to responding to increasing requests for international protection, we have also moved to regularise undocumented migrants. In January, the Minister for Justice opened a scheme to regularise thousands of undocumented migrants and their families who are living in Ireland.
The once-in-a-generation scheme is open for 6 months and is designed to give long-term undocumented people living in the State without a current permission to remain, the chance to regularise their status, access the labour market and begin their path to citizenship.
In relation to the war in Ukraine, there is a coordinated whole-of-government response to support people arriving in Ireland who have fled the violence, in line with the EU Temporary Protection Directive.
As of 30 June 2022, 38,789 people have arrived in the State after fleeing the war in Ukraine.
Those granted Temporary Protection have immediate access to the labour market, social welfare, accommodation and other State supports as needed.
We will continue to develop measures to assist those fleeing Ukraine.
As of 19 June 2022, there are 12,244 people accommodated in the International Protection Accommodation Service (IPAS) accommodation system as a whole. This includes Direct Provision – the National Reception Centre and IPAS accommodation centres, Non-Contracted Temporary Emergency Accommodation, Pre-reception, and emergency accommodation. Of the total, 2,833 are children.
As part of the Programme for Government, a commitment was made to replace the current system of accommodation for International Protection applicants with a new model based on a non-for profit approach. As part of this process I published A White Paper to End Direct Provision and to establish a New International Protection Support Service.
This White Paper outlines the proposed new model of accommodation and supports that will be offered to applicants for International Protection and is the result of an extensive consultation process with Civil Society Organisations, residents of Direct Provision centres, and other government departments and bodies.
The new system is based on a series of principles which is centred on a human rights approach with a focus on dignity, respect and privacy for all. Under the new model, an applicant will initially be accommodated in 1 of 6 new Integration and Reception Centre.
Accommodation in a Reception and Integration Centres will be own-door for families and own-room for single people, with specific tailoring for people with identified vulnerabilities. These centres will be newly built and be operated by not-for-profit organisations on behalf of the State.
Residents will remain in the centres for a maximum of 4 months - where they will undergo a programme of orientation, support and integration. Once the 4- month programme is complete, if the applicant has not received a positive first-instance decision on their application, or is undergoing an appeals process, they will transition from a Reception and Integration Centre to a house, apartment or own room in the community.
This new approach will end congregated and institutional living and will focus on supporting integration from day one.
Staying in the Justice area, last year we published proposals for a Hate Crime Bill which will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic, which will include – Gender (including gender expression or gender identity), Race, Colour, Nationality, Religion, Ethnic or National Origin, Sexual Orientation, and Disability.
The legislation will provide the necessary means to prosecute perpetrators who deliberately or recklessly incite hatred or violence, or commit hate crimes against others on the basis of a protected characteristic.
In addition, recognising the seriousness of hate crime and hate speech, Ireland recently opted in to the proposed initiative to extend the list of EU crimes to include hate crime and hate speech. We are also actively engaging with the proposed measures to tackle illegal content online under the Digital Services Act.
We are currently undertaking a comprehensive review of the suite of domestic equality legislation. At the end of this process I intend to bring forward 2 new protected grounds of discrimination, one based on socio-economic status, and one based on gender identity.
In March 2017, the State recognised Travellers as a distinct ethnic group in Irish society. This was a momentous decision in Ireland’s history, showing its commitment to value the unique culture, identity and heritage of Travellers in Ireland.
The National Council for Curriculum and Assessment (NCCA) is currently working on a paper on Traveller culture and history in the school curriculum. A draft of this paper is due to be completed in Q4 2022.
The government has sought to bring about meaningful change and progress for the Traveller and Roma communities through a strategic process, the National Traveller and Roma Inclusion Strategy, published in 2017.
The Strategy encompasses actions on cultural identity, education, employment, health and accommodation. It is overseen by a monitoring committee, which I chair, which includes members of the Traveller and Roma communities and of government departments and agencies, reflecting the process of collaboration between Government and civil society in advancing key rights.
As NTRIS came to an end in 2021, work is beginning across Government to develop the successor strategy.
I am committed to working with stakeholders to review what has been achieved, and to developing new approaches, as necessary, with a particular focus on implementation and measurement.
The Irish Programme for Government contains a commitment to legislate to ban conversion therapy.
The government has commissioned research into the issue which is being carried out by an expert team in Trinity College Dublin and is expected to be completed in August 2022.
The multi-phased mixed-methodology research will capture the views and experiences of people who have undergone conversion therapy in Ireland.
Furthermore, it will provide an evidence base to support the development of legislation that will prohibit the practice of conversion therapy.
On the matter of the Public Services Card, I am happy to advise the Committee that the Department of Social Protection and the Data Protection Commission have agreed a settlement of the department’s appeal against the Commission’s Enforcement Notice of December 2019, regarding the processing of personal data in relation to the Public Services Card.
As a result of this settlement, the Commission has confirmed that the department can continue to process personal data to authenticate a person’s identity and issue them with a Public Services Card that can be used for the purposes of accessing public services. The parties have also agreed the scope and implementation of a programme of work in relation to data retention and transparency.
We fully recognise the importance of the consistent and unbiased exercise of police powers, in particular ensuring that marginalised individuals and groups are not disproportionally impacted.
A new Garda Síochána (Powers) Bill, with a strong focus on human rights, will provide a clear and transparent statutory basis for the existing police powers of search, arrest and detention, supported by statutory codes of practice to determine the information to be recorded and how that information may be used. These codes will be developed in consultation with stakeholders.
Moreover, the Garda Síochána (Recording Devices) Bill 2022 is designed to provide a robust and modern statutory framework for the use by An Garda Síochána of digital recording devices to support their functions.
I am also pleased to report progress in ratifying OPCAT. The General Scheme of the Inspection of Places of Detention Bill was approved by Government last month which will clear the path to ratification.
The Bill proposes an expansion of the remit of the Inspector of Prisons to become a Chief Inspector of Places of Detention, thereby allowing for the existing structure and expertise to be retained and applied to other places of detention in the sector.
In developing these proposals, the Department of Justice consulted with various stakeholders and I am pleased that there has been broad support for the proposed approach.
Furthermore, last year, a High Level Taskforce, comprising representatives from a wide cross section of the health and justice sectors, was established to consider the mental health and addiction challenges of persons interacting with the criminal justice system.
The work of the Taskforce has been progressing at pace and it submitted an interim report to the Ministers for Justice and Health in November. A final report and implementation plan is expected shortly.
Moving on to education, the Primary Curriculum is currently undergoing a period of review and redevelopment, underpinned by an overarching principle of education and diversity.
In recent years there has been progress towards increasing the numbers of multi-denominational primary schools with the vast majority of new primary schools established to cater for demographic demand in the last decade having a multi-denominational ethos.
Our objective is to have at least 400 multi-denominational schools in the primary system by 2030 to provide greater parental choice.
On the matter of enhancing and safeguarding democracy, a major reform - the Electoral Reform Bill – is at an advanced stage of the legislative process. This once in a generation reform of Ireland’s electoral system includes provisions to establish a statutory, independent electoral commission- entitled An Coimisiún Toghcháin – which will have a range of functions.
It will work to increase participation in the State’s electoral and democratic processes, with an expected emphasis on increasing participation among marginalised or traditionally under-represented groups.
An Coimisiún will be able to prepare ex-post reports on the administration of electoral events, including information on the assistance provided by senior electoral administrators to persons with disabilities.
Before concluding, I wish to address the issue of gender equality in the private sector. The government launched the “Balance for Better Business” initiative in 2018 to increase the representation of women on the boards and senior leadership teams of companies in Ireland.
Acknowledging that we began from a low base, this initiative has helped to deliver a steady and sizeable increase in the share of women on the largest listed company boards, from 18% in 2018 to 32% as of March this year. This is a significant achievement in a short space of time and companies are currently on track to meet the board and leadership targets for 2022.
In July of 2021, the government passed the Gender Pay Gap (Information) Act, which mandates reporting by all employers of a certain size of aggregated remuneration by gender. We are presently in the first reporting cycle which will conclude in December.
The government will continue to prioritise gender equality and I would note that a Parliamentary Committee is currently examining the recommendations of a Citizens’ Assembly on Gender Equality. We look forward to its report in due course.
Committee members, I thank you for your time this afternoon, and look forward to speaking to each of these issues, and others that I have not had time to address in this short introduction, in more detail over the next 2 days. Go raibh maith agaibh.