Reforms should be designed to bolster independence of human rights body

MAURICE MANNING

OPINION : AN ARTICLE appeared in recent days in these pages advocating a transparent process for appointments of commissioners to the Irish Human Rights Commission (Membership of rights body should be transparent by Carol Coulter; July 4th).

Whatever about the appointments process – and there are legitimately held differing opinions as to how best to appoint credible and independent people to national human rights institutions – it is useful to reflect on the challenges and achievements of the commission as it currently exists and as its commissioners complete their mandate in a few months.

It is important to do so particularly in a context where there is much talk of a probable revisiting of the human rights and equality framework with the possible merger of some bodies being openly canvassed in these days of budgetary constraint.

Whatever one may say about the appointments process, this commission has proven it is independent in reality in the exercise of its functions. This independence is from both government and from the NGO sector while, of course, the commission maintains appropriate links with both.

Clearly there are ways in which the perception of independence could be further enhanced, including by effecting a change the commission has long asked for, ie making the commission accountable to the Oireachtas instead of to a government department.

Fully operational since 2003, the commission has worked independently and strategically to promote and protect human rights in Ireland. It has offered observations on over 40 Bills, appeared 12 times as amicus curiae before the superior courts, dealt with nearly 3,000 legal communications (caseload), conducted or commissioned research on a wide range of issues and engaged in awareness and educational work on an increasing scale. The commission has made a contribution on almost all the major societal issues facing Ireland today including the current economic crisis, immigration, racism, policing, the criminal justice system, education and minority rights – and has done so with ever decreasing resources.

Value for money is essential from public bodies and the commission has itself already proposed changes to the Government in this regard.

However, despite the well publicised cuts to its budget (nearly 40 per cent since 2008) and the disproportionate impact which the public service embargo can have on smaller public bodies (commission staff numbers are down since 2008 from 21 to 11), the commission has been innovative in dealing with these challenges and has remained highly active. It has sourced pro bono assistance for its legal work, created a volunteer internship/professional placement programme and raised vital philanthropic support.

Within the past few months it has produced a substantial report on human rights education in Ireland (launched this week by the Minister for Education and Skills); a much praised report on religion and education (which has fed into the current Forum on School Patronage and Pluralism); a human rights assessment of State responsibility for the Magdalene laundries; published (together with the Northern Ireland Human Rights Commission) advice on a Charter of Rights for Ireland (in fulfilment of a mandate given to it under the Belfast Agreement); and prepared three other reports on Irelands human rights record for various UN bodies.

The commission could not have achieved all of this without the active input of all staff and commissioners. Commissioners were intimately involved with all of this work. One of the strengths of the commission is that it brings together a wide range of individuals including human rights activists, lawyers, academics and business people.

The commission has been fortunate in the quality and breadth of experience of those who have served as commissioners since 2001. Those with direct experience and knowledge of areas as diverse as human rights education, trafficking, homelessness, the criminal justice system, the rights of minorities and disability have played an active and vigorous role on the commission.

Every commissioner has been involved in guiding overall commission direction, policy and decision-making.

As the current commissioners’ tenure comes to an end – and the Government considers further structural reform – any revised arrangements should be designed to bolster the commission’s independence. There can be no doubt that one of the key lessons of recent years in this country is that independent scrutiny of the State is not only healthy but essential for Ireland’s future wellbeing. The commission record in this regard is clear and it is well placed, in whatever form, to continue vigorous impartial oversight of State activities in the years ahead.


(2011-7-7/irishtimes)