2 December 1999 Edition
Human Rights Commission welcomed
A Bill to establish a Human Rights Commission in the 26 Counties, as agreed in the Good Friday document, was debated in the Dáil last week. Here we carry an edited version of Sinn Féin TD Caoimhghín Ó Caoláin's contribution.
``This Bill implements one of the essential elements of the Good Friday Agreement. The protection and promotion of human rights throughout this island is central to the Agreement and something for which we in Sinn Féin argued very strongly during the course of the negotiations. We argued for an All-Ireland Human Rights Commission which would have a 32-County remit, covering both jurisdictions. That would still be our preferred option but we endorsed the recognition in the Agreement, as concluded, of the need to establish Human Rights Commissions in both the Six Counties and the 26 Counties.
It is regrettable that it has taken so long for this Bill to come before the Dáil. The Human Rights Commission in the Six Counties is already established and it is unsatisfactory that there has been such a delay on this side of the border. Having said that, the Bill, and the new Commissions, offer us the opportunity to create a new focus on human rights in Ireland. There has been relatively little debate on this aspect of the Good Friday Agreement in the Six Counties; even less in this jurisdiction, but it is just as vital a question on this side of the border.
The Human Rights Commission in the Six Counties must be central to the creation of a new dispensation in civil society rooted in respect for human rights. The same applies in this jurisdiction. Successive governments in this state have infringed the human rights of citizens through repressive legislation. My party has made a detailed submission to the Committee to Review the Offences Against the State Acts 1939 to 1998 and Related Matters. We have highlighted the anti-human rights nature of that body of legislation and have called for its repeal.
Yesterday, I urged a more widespread review than that being conducted by the committee and I believe that the new Human Rights Commission will have an important role here. Its remit is to maintain an overview of the extent to which human rights are protected at both the constitutional and legal levels, to assess the adequacy of this protection and to make recommendations to Government for the better protection of these rights. Any independent scrutiny of the Offences Against the State Acts on the basis of these criteria, could only, I would argue, find these Acts, and their operation over decades by the gardai, to be repugnant to basic principles of human rights.
The new Human Rights Commission must of course address all aspects of human rights, not only those relating to the conflict. The rights of all citizens, but especially of minorities in our society, must be its concern. It must be a pro-active Commission not only protecting but promoting human rights, and acting as both a watchdog and an advocate for those who believe that their human rights have been violated.
There are a number of shortcomings in this Bill which I would like to highlight.
In relation to the membership of the Commission I think it is very regrettable that the Bill does not follow a similar route to the Commission in the Six Counties. In the case of the Six-County Commission, applications for membership were invited from suitably qualified persons followed by interviews. This is far preferable to the appointment of nine people by the government as provided for in this Bill. Given the remit of the Commission and the need for it to be independent, and be seen to be independent, this method of appointment is totally inappropriate.
While it is not laid down in the Bill that a judicial figure has to be President of the Commission, its provisions clearly create an expectation that this will be the case.
Again I think this would be a mistake. This Commission needs to be independent from the judiciary; it needs to bring a fresh approach and a different perspective to the state's handling of human rights.
I welcome the provision for the Commission to conduct enquiries. This is a very important power and one which I hope will be used pro-actively by the new Commission. There is one worrying aspect of the Bill in this regard. The Commission may postpone making a decision on a request for an inquiry if it considers that the subject matter of the request is already being considered by a court or tribunal. The problem is that it does not just contemplate legal proceedings in being but also legal proceedings which are likely to be instituted in the future. If interpreted in a restrictive way by the Commission, this could severely limit the number of enquiries granted.
There is a major difficulty with Section 2 of the Bill. The definition of human rights, for the purpose of legal proceedings by the Commission, is confined to those rights that can be argued before the courts on the basis that they have actually been incorporated into the law of the state. Since a whole range of international human rights instruments have not yet been incorporated into domestic legislation this provision is very restrictive and is one of the matters which should be addressed at subsequent stages of the Bill.
The new Human Rights Commission should become one of the forces for progressive change in Irish society at this exciting time in our history.''
``This Bill implements one of the essential elements of the Good Friday Agreement. The protection and promotion of human rights throughout this island is central to the Agreement and something for which we in Sinn Féin argued very strongly during the course of the negotiations. We argued for an All-Ireland Human Rights Commission which would have a 32-County remit, covering both jurisdictions. That would still be our preferred option but we endorsed the recognition in the Agreement, as concluded, of the need to establish Human Rights Commissions in both the Six Counties and the 26 Counties.
It is regrettable that it has taken so long for this Bill to come before the Dáil. The Human Rights Commission in the Six Counties is already established and it is unsatisfactory that there has been such a delay on this side of the border. Having said that, the Bill, and the new Commissions, offer us the opportunity to create a new focus on human rights in Ireland. There has been relatively little debate on this aspect of the Good Friday Agreement in the Six Counties; even less in this jurisdiction, but it is just as vital a question on this side of the border.
The Human Rights Commission in the Six Counties must be central to the creation of a new dispensation in civil society rooted in respect for human rights. The same applies in this jurisdiction. Successive governments in this state have infringed the human rights of citizens through repressive legislation. My party has made a detailed submission to the Committee to Review the Offences Against the State Acts 1939 to 1998 and Related Matters. We have highlighted the anti-human rights nature of that body of legislation and have called for its repeal.
Yesterday, I urged a more widespread review than that being conducted by the committee and I believe that the new Human Rights Commission will have an important role here. Its remit is to maintain an overview of the extent to which human rights are protected at both the constitutional and legal levels, to assess the adequacy of this protection and to make recommendations to Government for the better protection of these rights. Any independent scrutiny of the Offences Against the State Acts on the basis of these criteria, could only, I would argue, find these Acts, and their operation over decades by the gardai, to be repugnant to basic principles of human rights.
The new Human Rights Commission must of course address all aspects of human rights, not only those relating to the conflict. The rights of all citizens, but especially of minorities in our society, must be its concern. It must be a pro-active Commission not only protecting but promoting human rights, and acting as both a watchdog and an advocate for those who believe that their human rights have been violated.
There are a number of shortcomings in this Bill which I would like to highlight.
In relation to the membership of the Commission I think it is very regrettable that the Bill does not follow a similar route to the Commission in the Six Counties. In the case of the Six-County Commission, applications for membership were invited from suitably qualified persons followed by interviews. This is far preferable to the appointment of nine people by the government as provided for in this Bill. Given the remit of the Commission and the need for it to be independent, and be seen to be independent, this method of appointment is totally inappropriate.
While it is not laid down in the Bill that a judicial figure has to be President of the Commission, its provisions clearly create an expectation that this will be the case.
Again I think this would be a mistake. This Commission needs to be independent from the judiciary; it needs to bring a fresh approach and a different perspective to the state's handling of human rights.
I welcome the provision for the Commission to conduct enquiries. This is a very important power and one which I hope will be used pro-actively by the new Commission. There is one worrying aspect of the Bill in this regard. The Commission may postpone making a decision on a request for an inquiry if it considers that the subject matter of the request is already being considered by a court or tribunal. The problem is that it does not just contemplate legal proceedings in being but also legal proceedings which are likely to be instituted in the future. If interpreted in a restrictive way by the Commission, this could severely limit the number of enquiries granted.
There is a major difficulty with Section 2 of the Bill. The definition of human rights, for the purpose of legal proceedings by the Commission, is confined to those rights that can be argued before the courts on the basis that they have actually been incorporated into the law of the state. Since a whole range of international human rights instruments have not yet been incorporated into domestic legislation this provision is very restrictive and is one of the matters which should be addressed at subsequent stages of the Bill.
The new Human Rights Commission should become one of the forces for progressive change in Irish society at this exciting time in our history.''