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Mr Justice Peter Charleton
But the ramifications of the scandal are now threatening the
future of the minority administration, with Fine Gael
ministers lining up yesterday to attack Ms Zappone.
Several ministers confirmed that Ms Zappone sat silently as
the terms of reference for the Commission of Investigation
into an alleged smear campaign against Sgt McCabe were
agreed at last Tuesday's Cabinet meeting. She then travelled
to the United States to visit relatives.
In a statement issued yesterday afternoon, Ms Zappone
defended her handling of the case, insisting she had
informed "relevant government colleagues" of the facts. Her
spokesman later declined to say who these individuals were.
However, the Tnaiste was categorical last night that she had
no knowledge of the Tusla link to the alleged smear
campaign until it was reported in the media on Thursday.
"She of course did not inform me about any details in
relation to confidential Tusla records," Ms Fitzgerald said.
Earlier in the Dil on Thursday, she twice denied any
knowledge of a Tusla link.
A spokesperson for the Taoiseach said that he was also not
aware, although both admit knowing about the meeting
between Ms Zappone and Sgt McCabe - the country's most
high-profile whisteblower - in advance.
The meeting, which was requested by Sgt McCabe's wife
Lorraine, took place on January 25.
At that meeting Sgt McCabe outlined to the minister Tusla's
handling of the case but Ms Zappone did not alert the Justice
Minister, who was at the time studying the review of two
protected disclosures made in relation to Sgt McCabe's case.
Well-placed sources told the Irish Independent last night
that the Tusla files on Sgt McCabe would have quickly
emerged during the course of Mr Justice Peter Charleton's
investigation - but accepted it would have been better if the
Justice Minister knew in advance of setting the terms of
reference.
Opposition parties were yesterday accusing Ms Fitzgerald of
misleading the Dil when she said she had no knowledge of
State agencies outside of An Garda Sochna being linked to
the alleged smear campaign.
However, sources close to the Tnaiste last night said her
Dil statement was completely accurate at the time and she
had done "absolutely nothing wrong".
Senior Fine Gael figures lashed out at Ms Zappone, with
several ministers accusing her of effectively blindsiding the
Justice Minister.
Several TDs also said they believed the saga had moved the
administration closer to collapse. Fianna Fil described the
situation as "crazy" and said Ms Zappone's credibility was
now "at risk". But Michel Martin's party has decided to
adopt a 'wait and see' approach.
The Cabinet will meet on Tuesday to discuss expanding the
terms of reference to include the Tusla link.
http://www.independent.ie/irish-news/taoiseach-and-tnaiste-leave-
zappone-isolated-as-cabinet-left-struggling-with-tusla-crisis-
35441776.html
3
Childrens Minister Katherine Zappone. Photo: Tom Burke
Children's Minister Katherine Zappone has
said she will not reveal the identities of the
"government colleagues" with whom she said
she discussed the shocking blunder by Tusla
regarding garda whistleblower Maurice
McCabe.
Garda convicted of
assaulting two women in
dispute over 15 payment
for lift home
Verdict will have 'devastating
consequences' for man who survived US
shooting
1
Garda Brian Hanrahan outside Nenagh District Court yesterday
Photo: Liam Burke
A Garda who survived a holiday shooting in
the US was convicted of assault causing harm
to two young women in a row over a 15 fee
for a lift home.
Garda Brian Hanrahan (34) had vehemently denied before
Nenagh District Court that he punched the two women in an
unprovoked attack near an isolated Tipperary cemetery last
year.
However, Judge Elizabeth MacGrath convicted the young
Newcastle West-based garda of assault causing harm.
"Having studied the evidence very carefully... the court is
satisfied that Mr Hanrahan is guilty of the two charges," she
said.
Judge MacGrath noted that an independent witness, a
security guard driving home, had seen a man holding a
woman by her hair near Lisboney cemetery.
Judge MacGrath noted inconsistencies in Hanrahan's
evidence, including his initial claim in a 999 call made from
the scene, that he had been confronted by some six or eight
people.
"I have found that Mr Hanrahan's account on the night in
the 999 call was not accurate," she said.
Judge MacGrath also noted that, in his 999 call, Hanrahan
said those confronting him were "a f***ing crowd of
psychopaths".
When Judge MacGrath convicted him of the two assaults,
Hanrahan bowed his head.
The young women assaulted, Aisling King and Emer Kelly,
began crying.
Judge MacGrath adjourned sentencing until April 27 to allow
probation and psychological reports to be prepared.
"The attitude (of Hanrahan) on the night ... and other
issues ... does give rise to concern," she said.
Judge MacGrath noted that the garda had been mugged, shot
and seriously injured while he was on holiday in New
Orleans in the US in 2015.
Daniel O'Gorman, solicitor for Hanrahan, said the
convictions would have "devastating consequences" for the
young garda.
Hanrahan is a married father of two whose children are aged
just six months and three years.
Ms Kelly and Ms King had sobbed while giving evidence
about the assaults, which occurred when they had asked the
young garda for a promised 15 payment for a lift home.
Read more: Garda shot on holidays convicted of assaulting
two women on night out
In victim impact statements, they said that they had always
respected garda but, after the assaults, they were now afraid.
"I couldn't believe that a guard could do this to me.
"The garda are meant to be there to help you," Ms Kelly said.
Hanrahan, who was off duty at the time of the incident last
March, insisted he only acted in self-defence after he claimed
one of the young women "launched herself" at him in a row
over the lift fee.
Michelle O'Connell, for the State, said garda became aware
of an incident in Nenagh at around 4am on March 6.
Ms Kelly was in Nenagh with her friends Aisling King and
Ellen Nyhill in her new car.
Hanrahan had been out socialising, and then approached
them and agreed to pay 15 for a lift.
"He was rude. He said that Nenagh was full of scumbags,"
Ms Kelly said.
The women asked Hanrahan to get out of their car at
Lisboney cemetery.
"Aisling went to drive off but I said I will ask him for the
money," Ms Kelly said.
"He pulled my hair and beat me to the ground."
http://www.independent.ie/irish-news/courts/garda-convicted-of-
assaulting-two-women-in-dispute-over-15-payment-for-lift-home-
35441741.html
Taoiseach and Tnaiste
'knew about Zappone's
meeting with
whistleblower - but did not
know about Tusla blunder'
'Zappone of course did not inform me
about any details in relation to
confidential Tusla records' - Tnaiste
Kevin Doyle and Niall O'Connor
PUBLISHED
10/02/2017
Taoiseach Enda Kenny and Tnaiste Frances Fitzgerald Picture:
Collins
The Taoiseach and Tnaiste knew about a
meeting between Childrens Minister
Katherine Zappone and garda whistleblower
Maurice McCabe but insist they were not
aware that Tusla held an inaccurate file on Sgt
McCabe.
In a statement this evening, Tnaiste Frances Fitzgerald said
she knew that her colleague, Childrens Minister Katherine
Zappone, planned to meet with Mr McCabe but added:
She of course did not inform me about any details in
relation to confidential Tusla records.
It came after Ms Zappone issued a statement stating she
informed relevant Government colleagues of the copy and
paste blunder involving Sergeant McCabe.
The minister, who is currently in the United States, has
refused to say who those government colleagues are.
There has been widespread shock after it emerged a false file
containing allegations of child sexual abuse remained on the
TUSLA database for almost two years - without the
knowledge of the McCabe family.
Ms Fitzgerald has now said that she was informed me in
January that Ms Zappone intended to meet with Sgt McCabe.
Tom Clonan
INVESTIGATIVE REPORTERS HAVE over the past
day revealed details of false allegations of child sexual abuse
leveled at garda whistleblower, Sergeant Maurice McCabe.
After initially being reported by Mick Clifford in the Irish
Examiner, Thursdays Prime Time report by Katie Hannon
gave the Irish public a shocking and deeply disturbing insight
into the torment and vilification endured by Irish
whistleblowers.
It is impossible to imagine what Maurice McCabe and his
family have suffered since he made the simple but
momentous decision to blow the whistle on garda
wrongdoing.
Maurice McCabes motivations, actions and findings have been
comprehensively vindicated by a series of official enquiries and
reports. There is no doubt as to Maurice McCabes probity and
integrity. However, as is the case for anyone who speaks truth
to power in Ireland, Sergeant McCabe has not been rewarded.
Instead, he has been punished.
He has endured prolonged hostile scrutiny from sections
within the political establishment, senior gardai and Im
ashamed to say it some journalists. While it may be
impossible to fully comprehend the level of suffering endured
by this man and his wife and children, it is all too easy to
identify the toxic dynamic of whistleblower reprisal that
operates in Ireland.
In other democracies, the social value of whistleblowing is
widely recognised and rewarded. For example, in the United
States, whistleblowers are often awarded financial incentives
sometimes multi-million dollar rewards for calling a halt to
unethical, illegal or dangerous practices in the workplace.
Ireland, however, is different. In almost every case whether
the whistleblower is in An Garda Siochana, the Army, the HSE
or the banking and financial services sector the outcome of
whistleblowing is inevitably whistleblower reprisal of the most
appalling nature.
What happened to me
I have personal experience of whistleblower reprisal. As a
young army officer and captain, between 1996 and 2000 I
conducted a PhD study into the experiences of female soldiers,
sailors and aircrew in the Irish Defence Forces. I was given
formal written permission by the military authorities to
conduct this research. Furthermore, I was instructed in writing
by the general staff to comply with the regulations of the
university and lodge the thesis to the library of Dublin City
University, where it remains as a published document in the
academic repository.
Unfortunately, like Sergeant Maurice McCabe in An Garda
Sochna, I found evidence of widespread wrong-doing within
our Defence Forces. I found evidence of explicitly
discriminatory and illegal policies and practices within the
Defence Forces as they applied to women. Some of these sexist
policies and practices were in breach of international law,
including the Geneva Conventions, EU law and Irish equality
legislation. Indeed, some of the policies were in contravention
of some of our Irish constitutional guarantees around equality.
The senior officers who promulgated and implemented such
policies were in breach of their solemn oath of allegiance to
Bunreacht na hEireann.
Someone needs to be
jailed over McCabe
allegations Wilson
By Kevin McGillicuddy -
10th February 2017
Fintan O'Toole
Sgt Maurice McCabe: The unavoidable question is whether there was collusion to
smear McCabe between some person or persons in the Garda and some person
or persons at Tusla. Photograph: Cyril Byrne
There are two ways of looking at what we know about the
smearing of Maurice McCabe: a benign scenario and a
malign scenario. The benign interpretation is appalling.
The malign interpretation is chilling.
In one case, we are dealing with a cock-up of frightening
proportions. In the other, we are dealing with a conspiracy
that threatens the fundamental rights of every citizen of the
State.
At best, we have a child protection system whose integrity
has been undermined by astonishing incompetence.
At worst, we have a situation in which the two State
agencies with the greatest power to destroy the lives and
reputations of citizens have gone rogue.
Either way, it ought to be clear this is a scandal of immense
gravity and import. It demands a response far beyond the
setting-up of a commission of inquiry which has no powers
to impose any sanctions on anybody. Nothing less than a
full-scale criminal investigation is required. Our problem is
that, since An Garda Sochna is at the very heart of this
affair, this investigation can be credible only if it is led by
officers from outside the State.
The benign scenario might be summed up in the title of the
childrens horror fiction series A Series of Unfortunate
Events. If it were fictional, however, it would be
unpublishable. It relies on coincidences so extreme as to
strain the credulity of the least-demanding reader.
This benign story yokes together two wildly disparate
elements. The first is Maurice McCabe being a problem for
the State. He is a good cop who becomes a pain in the neck
because he cant just keep his head down and ignore the
laziness, incompetence and fecklessness of some of his
colleagues.
Routine abuse
He sees the routine abuse of the PULSE system and of the
penalty points system which is supposed to save lives by
stopping carnage on the roads.
McCabe becomes a threat, not just because of his
allegations but because his superiors at very high levels in
the force look into them and decide theres nothing there.
Instead of being a set of very serious but essentially local
problems in Cavan, the dismissal of McCabes allegations
now raises questions about the integrity and competence of
some elements of senior Garda management. And that in
turn is a political question it spins outwards into the
Department of Justice, the Minister for Justice and
therefore the Government.
The HSE has said now taken responsibility for the admin
error which falsely accused Maurice McCabe of child sex
abuse.
The HSE has claimed garda and Tsla were notified of the
mistake in 2014 but the allegations were left on McCabe's
file until January 2016.
http://www.irishtimes.com/news/politics/fintan-o-toole-the-smearing-of-
maurice-mccabe-is-either-appalling-or-chilling-1.2971456
Follow
Conor McMorrow
Martin Callinan
By March of last year, the Government had it up to its ears
with Garda controversies.
Problems with abuse of the penalty points system had first
surface nearly 18 months previously. It wasnt dealt with
properly, and the persistence of the garda whistleblower Sgt
Maurice McCabe ensured that the issue remained in the
public spotlight. In January, he had appeared before the
Public Accounts Committee, a forum he had sought out in
desperation after his efforts to highlight the abuse ran into
the sand elsewhere.
Sgt Maurice McCabe
A week before Sgt McCabes appearance behind closed
doors, Callinan gave evidence. In the course of a long day,
he responded to questions about McCabe and retired garda
John Wilson by suggesting their actions were disgusting.
The remark generated controversy, but Mr Callinan
ultimately appeared to have weathered the storm.
A few weeks later, The Sunday Times published a story that
the Garda Sochna Ombudsman Commission (GSOC) had
investigated a suspected case of the bugging of its office.
Since the business of GSOC was investigating the garda,
suspicion for any such actively immediately fell on elements
within the force.
Then justice minister Alan Shatter reacted by hauling in the
chair of the GSOC Simon OBrien to be carpeted for not
informing the minister that such a probe had taken place. Mr
Shatters primary concern was not whether GSOC had been
bugged, but that he hadnt been informed of any
investigation into the suspected bugging.
The commissioner and Garda associations also condemned
GSOC. The controversy rumbled on until a retired High Court
judge John Cooke was appointed to investigate the whole
affair.
If that wasnt enough to occupy Mr Shatter and Mr Callinan,
Sgt McCabe had more. The turbulent cop met Michel
Martin, at the request of the Fianna Fil leader one Friday
evening in Portlaoise in February.
He furnished Mr Martin with a dossier of at least 10 cases
that highlighted incompetence and cover-up within the force.
The most serious case involved the release on bail of a man
who went on to murder a young woman in 20007. The court
which released him had not been informed that he was
already on bail for a serious assault.
These cases had all been investigated internally in the force,
and Mr Shatter had been informed about them, yet had not
seen it necessary to appoint an outside body to investigate.
Mr Martin informed Mr Kenny of the dossier and brought his
concerns to the floor of the House. Within days, Mr Kenny
decided to appoint a senior counsel to do a scoping exercise
and determine whether a full commission of investigation
was required.
With two probes under way, and the penalty points matter
also parked, it looked as if the Government and the force had
moved past the controversies for the foreseeable. Then
along came the most able of them all, Leo Varadkar to
deliver a major headache to his boss.
At a road safety conference on March 20, Mr Vardakdar in his
capacity as minister for transport, called on Mr Callinan to
withdraw his disgusting remarks. He said the service
rendered by the two men in highlighting abuses had been
distinguished.
Four days previously, the chair of the Road Safety Authority
Gay Byrne had used his Lyric FM programme to call on Mr
Callinan to apologise to the two men, but a government
minister adding his tuppence worth cranked up the pressure
by a rate of knots.
The following day, Mr Kenny was asked about Mr Varadkars
intervention. Id certainly have a preference that if any
minister who has an issue to raise that they raise it at the
Cabinet or raise it when we could have discussions or deal
with them, rather than have them aired in public, he said.
The problem was that Mr Kenny and those around him had
let the matter sit for two months, and had no intention of
saying anything that might generate controversy,
irrespective of how valid the issue might be.
Labour quickly moved to ensure they wouldnt be outflanked
on the right in calling for proper accountability in the force.
Ruairi Quinn, Eamon Glimore, and Joan Burton all rallied to
Leos standard.
As the weekend approached, garda sources made it plain
that Mr Callinan felt he had nothing to apologise for.
That was the background behind what transpired over the
next few days.
On Sunday, March 20, Mr Kenny got word from his attorney
general about the telephone recording issue. In the course of
preparing for a case being taken against the force and the
state by Ian Bailey, the tape recording regime had been
discovered in Bandon garda station.
Further inquiries revealed that this was standard practice.
Potentially, an appalling vista was opening up. What if there
was some privileged material taped? Could this lead to
convicted offenders being released from prison?
One way or the other, another controversy was arriving from
over the horizon for the government. On the Monday
evening, Mr Kenny dispatched the secretary general of the
Department of Justice Brian Purcell to the home of Mr
Callinan. Despite a close working relationship, it was unheard
of for Mr Purcell to visit Mr Callinan at home not to
mention at 11pm with little notice.
Brian Purcell
According to Mr Kenny, Mr Purcell was to convey the
Cabinets concern about the issue that was emerging.
Crucially, whatever about his handling of the other
controversies, there was precious little blame that could be
attributable to Mr Callinan for what was emerging about the
taping in stations.
The following morning, Mr Callinan resigned. Later that day,
Mr Shatter announced that a commission of investigation
was being established into the recording in stations. There
was no scoping inquiry, nothing to examine whether this was
a serious issue of a ball of smoke.
With Mr Callinan now gone, and a commission set up to
investigate the latest scandal, the political heat could be
taken out of garda matters.
Except, the manner of Mr Callinans departure opened up a
new controversy. Was he sacked? If so, the Taoiseach had
acted outside his powers. A commissioner can only be
removed on foot of a cabinet decision.
Michel Martin got stuck into Mr Kenny in the Dil. You
essentially sacked him. You sent a senior civil servant out to
the commissioner the day before the cabinet meeting, he
said.
Michel Martin
Mr Kenny denied any such allegation and again claimed
after the publication of the report yesterday that he had
been vindicated.
In the end, the Government decided to shovel Mr Callinans
departure into Fennelly. This took the heat out of the latest
scandal, but was arguably an abuse of the commission of
investigation process. In any self-respecting parliament,
questions in relation to the departure of a garda
commissioner would be dealt with by a parliamentary
committee.
Thats not how we do things here. Fennelly took over a year
to investigate an issue that involved interviewing a few
dozen people at most, and examining a small number of
files.
Three of the witnesses including the Taoiseach were
recalled by the chairman to give further evidence after a
conflict arose.
Finally, there is a result, but one that is unlikely to answer
fully the questions about Mr Callinans departure, quell the
political fallout or the reasons why the matter was not
examined in the proper forum of parliament.
Fennelly Report
https://assets.documentcloud.org/documents/
2325124/fennelly-report.pdf
Report on Whistleblower's Claims Recommends No Action Be
Taken. ... "The Houses of the Oireachtas have been totally
vindicated by the report." ... Publication
A report into allegations by a whistleblower working with the
banking inquiry has recommended no further action be taken.
Senior counsel Senan Allen was asked to investigate claims by a
former investigator with the committee. In his report back to the
Oireachtas commission he rejected the allegations. It is
understood he made one finding, which was that no further
action was required.
A source said: "The Houses of the Oireachtas have been totally
vindicated by the report."
The whistleblower worked as part of the investigation team at the
committee and made a number of allegations about those
working with the inquiry.
The whistleblower submitted an 82-page document under the
Protected Disclosures Act
Alan Shatter quit after Taoiseach
phoned him and made it clear he
had to go
Enda Kenny called the Justice Minister early yesterday morning
after reading damning Guerin report into handling of garda
whistleblowers
8 MAY 2014
Alan Shatter finally quit his Cabinet post yesterday after
the Taoiseach phoned him and made it clear he had no
choice but to go.
Last night it emerged that Enda Kenny made a crunch call
to the Justice Minister yesterday morning after reading a
damning report into his handling of allegations made by
garda whistleblowers.
The Taoiseach called the Attorney General at 6 am after
reading Sean Guerin's report and then contacted Mr
Shatter.
It is believed he made it clear to his Justice Minister that
he had no choice but to resign.
The news emerged as Enda Kenny and Eamon Gilmore
were locked in talks last night to discuss the findings of
the Sean Guerin report.
The Taoiseach and Tanaiste explored the 300-page report
which pushed Minister for Justice Alan Shatter out.
It is believed the two discussed the resignation of Mr
Shatter and the damning allegations contained in the
report.
Sources close to Garda whistleblower Maurice McCabe
said he had not seen the report but had been interviewed
four times by Mr Guerin.
It is believed the sergeant had no idea Minister Shatter
would step down as a result of the inquiry.
The replacement will be announced at 10.45 tomorrow
with the successor then whisked to Aras an Uachtarain to
seal the deal.
Sarah Bardon
Sarah Bardon
Sarah Bardon
Sarah Bardon
I want to thank Mr Justice Kevin OHiggins and his team for the
manner in which the Commissions investigation was conducted,
their careful and thorough approach to establish the truth and to
ensure the application of fair procedures.
I welcome that the OHiggins Commission, having conducted an
independent sworn statutory Commission of Investigation, has
concluded that, when Minister for Justice, I took very seriously
the complaints and allegations of 23rd January 2012, made by
Sgt Maurice McCabe through the Confidential Recipient and that
there were compelling considerations which justified my
response to them.
(These are detailed in Para 13.123 & 124 of the Commissions
Report). Contrary to the Guerin Reports assertion that I failed to
heed the voice of Sgt McCabe, I also welcome that the
OHiggins Commission found that I had very substantial
concerns about Sgt McCabes complaints and that at all times I
dealt professionally, promptly, reasonably and
appropriately with them.
Moreover, contrary to the Guerin Report, the OHiggins
Commission also found that I was intimately aware of the
relevant applicable legislation, as were officials in the
Department of Justice.
The OHiggins Commission also rejects the contention of Sgt
McCabe, given credence in the Guerin Report, that in my initially
seeking a report from the Garda Commissioner on the serious
allegations made by Sgt McCabe I was asking the Commissioner
to investigate himself.
The Commission concludes that my doing so was an obvious,
prudent and sensible thing to do and had I acted otherwise I
would have been open to justified criticism.
I further welcome the conclusion that I cannot be faulted for
not taking further action concerning a request for an inquiry,
made in September 2012 by Sgt McCabes solicitors, in
circumstances where Sgt McCabe continued to assert a claim of
confidentiality over relevant correspondence and enclosures.
The Commission acknowledges this prevented the obtaining of
observations from the then Garda Commissioner as a
preliminary step before deciding whether to establish such an
inquiry.
In fact, the Commission finds that my personal input in seeking
to resolve this difficulty displayed personal and active concern
on my part.
I am relieved that the truth has been established and that the
OHiggins Commission unreservedly accepted my evidence
that I never held views, opinions or attitudes wrongly attributed
to me by Mr Oliver Connolly, the former Confidential Recipient
and recorded and transcribed by Sgt McCabe. These got
widespread currency and resulted in substantial controversy.
The Report states that my evidence on this matter was
unchallenged and uncontradicted in the hearing before the
Commission.
Both Sgt McCabe and Mr Connolly were present and legally
represented at the relevant hearing.
One of the matters of major concern was the alleged Garda
failings preceding the appalling murder of the late Sylvia Roche
Kelly in 2007.
Charges made against me of ignoring the concerns of Sgt
McCabe connected to this tragic event have now been
independently established to be unfounded.
The OHiggins Commission acknowledges that I was aware that
a complaint had been made by Mr Lorcan Roche Kelly to GSOC
which was engaged in an independent investigation into what
occurred.
The Commission describes GSOCs investigation as thorough
and necessarily lengthy with certain aspects ongoing.
It is very regrettable that Mr Roche Kelly, prior to my appointment
as Minister for Justice, as the Commission finds, was not well
served by the fact that a considerable period of time elapsed in
GSOC deciding whether it or An Garda Siochana on its behalf
should conduct the required investigation and due to some
confusion within GSOC as to the relevant statutory provisions.
In short, the findings of the OHiggins Report, like the earlier
Cooke and Fennelly Reports, have unequivocally established
that, when Minister for Justice, I dealt properly and truthfully with
Garda related matters that gave rise to substantial controversy in
the Spring of 2014 and many false allegations by opposition
politicians, including Micheal Martin, the Fianna Fail leader of the
opposition.
The conclusions of the OHiggins Commission totally contradict
and are incompatible with the adverse findings made against me
in the Guerin Report.
The OHiggins Commission rightly praises Sgt McCabe for
highlighting deficiencies in investigations, failures in procedures
and practices, and poor conditions in Bailiboro Garda station.
It records that eleven, but not all of his complaints had previously
been upheld by the internal Garda Byrne/McGinn Investigation
concluded in 2010.
Some of the complexity of dealing with issues raised by Sgt
McCabe is derived from the fact, as found by the OHiggins
Commission, that he is prone to exaggeration at times.
In this context, the Commission records that some of his
complaints have been upheld by it whilst others have proven to
be overstated or exaggerated.
Some of a very serious nature were determined to be without
foundation or any evidence or unreasonable.
A number of complaints of long duration were withdrawn during
the course of the Commissions hearings.
The Commission found there was not a scintilla of evidence for
his hurtful allegations that former Garda Commissioner, Martin
Callinan, was guilty of corruption and arranged to have a
Superintendent placed on a promotion list, this being the primary
complaint received by me as Minister on 23rd January 2012
which was at the foundation of allegations made by Michael
Martin on the Dil plinth and later in the Dil Chamber in
February 2014.
What the Commission also described as hurtful allegations of
corruption made against Asst Commissioner Byrne, Chief
Superintendent Rooney and Superintendent Clancy and an
implied allegation against Superintendent Cunningham were all
also determined to be unfounded.
Of course, these allegations of corruption should never have
been made.
Garda related events in which I was engaged, when Minister for
Justice, which gave rise to substantial public controversy have
now been examined by three different independent retired judges
of our Superior Courts.
They have irrefutably established that serious charges and
accusations made against me, both inside and outside the Dil,
were entirely untrue.
For over two years, I have had to live with the public opprobrium,
criticism and abuse they generated. I hope that with the
publication of the OHiggins Report, I can now move on to a new
chapter.
It is clear from the OHiggins Report that the Garda failings
identified in it occurred well before my appointment as Minister
for Justice, at a time when Micheal Martin was in Government.
It is now for Micheal Martin to explain why, in February 2014, he
chose to ignore that all of the matters detailed in Sgt McCabes
letter of 23rd January 2012, save for the allegations of corruption
against the Garda Commissioner, related to events that occurred
in 2007/2008 when Fianna Fail was in Government, and why he
chose, together with his Fianna Fail colleagues, to accuse me of
undermining the administration of Justice in the State and to
target me with a torrent of false allegations about my conduct as
Minister for Justice.
The truth has now been irrefutably established. Now that we are
in the era of new politics, I hope that Michael Martin and all of
my accusers, then in opposition, will now reflect on how they
dealt with these matters and withdraw on the Dil record the
false allegations they made.
Before my resignation and in my resignation letter and also
following publication of the Guerin Report in engagements with
the Taoiseach and, later, on 19th June 2014, in the Dil
Chamber, I disputed the approach of Mr Sean Guerin SC in the
conduct of his Inquiry.
Both in my engagements with the Taoiseach and in the Dil
Chamber, I disputed his findings against me.
My concerns were entirely ignored by the Taoiseach and my Dil
contribution was not only ignored by all sides in the Dil
Chamber, including the Minister for Justice, but also ridiculed and
criticised by some commentators.
The Guerin Report was laid before both Houses of the
Oireachtas, its flawed conclusions and opinions were accepted in
full by the Government and the Taoiseach put on the Dil record
its adverse conclusions concerning my conduct as Minister for
Justice.
If the Government, as it must, accepts the OHiggins
Commission findings in full, the Taoiseach now has a duty to
correct the Dil record.
The Government also has a duty to ensure the now discredited
adverse conclusions and opinions contained in the Guerin
Report are acknowledged to be in error and corrected and that
the Report is withdrawn from circulation in its present form.
These are important issues of relevance to standards in public
life, fair procedures and the importance of truth in politics.
I will be writing to the Taoiseach on issues of relevance and
importance following on from publication of the OHiggins Report
and seeking a substantive response.
At a glance: the Guerin report
The 336-page report into Garda misconduct allegations
digested
Sat, May 10, 2014, 01:00
Carl O'Brien
Martin Callinan: Report found his response to Sgt Maurice McCabes allegations
was inadequate. Photograph: Niall Carson/PA Wire
BackgroundThe Government commissioned barrister Sen
Guerin to review allegations of Garda misconduct by
whistleblower Sgt Maurice McCabe in February last year.
Lisbon Bound
November 16, 2015 5:33 pm
(l-r): Gerry Quinn, GNDU; Liam Hogan (Tour De Force committee); Enda
Kenny, TD; Keith Duffy, ISPCC; Terry Brennan (Tour De Force committee
John Twomey, Assistant Commissioner
An Taoiseach, Mr Enda Kenny TD launched the Tour De Force Cycle
2015 with members of Tour De Force and their charity beneficiaries
for this year, namely the ISPCC/Childline, GROW Ireland and the
Laura Brennan Charitable Trust.
This years cycle will see members of An Garda Sochna and friends
begin their journey from North of Lisbon, in Sao Martin De Porto,
Portugal on September 20th 2015 and will finish five days later after
some 550 kilometres in Santiago De Compostela, Spain. There are
over 50 cyclists involved who have put in months of training and
fundraising to participate. Keith Duffy, an ISPCC ambassador, is
participating in this years challenge.
Tour De Force was born when members of An Garda Sochna, who
through their love of cycling, came together to raise much needed
funds for deserving causes. Since 1991, after some 74,000
kilometres cycled, they have raised almost 1 million.
http://www.gardareview.ie/index.php/lisbon-bound/
(l-r): Sergeant Adrian Flynn receiving the inaugural Union Sportive des
Polices DEurope Award from Mr Harry Brungger, USPE Executive
Committee
The womens singles competition started on the same day and Garda
Louise Long had a superb performance to claim victory over the
much fancied Krasimira Telbis, from the host nation Bulgaria, winning
in straight sets. Next up for Long was French international Caroline
Petit.
Long stormed into a two set lead with aggressive confident play but
her very resilient French opponent refused to be put away. The
exertions of her first victory took their toll on Long and in the intense
heat of the Varna stadium the French player hung on in which ended
with Long narrowly losing in the fifth set.
The singles mens tournament started the next day and again the Irish
team acquitted themselves well with all players pushing opponents
with some nail biting contests going all the way to duce and Sergant
Adrian Flynn taking sets off Nikolaus Petrou, Cyprus and Katalin
Donchea, Romania.
The mixed doubles team of Garda Louise Long and Garda Stephen
English had a very credible performance, losing out to the French
team of Reynald Resse/Amandine Chintemi in the quarter final in a
very exciting match with the Irish team taking the first set. However
the vastly experienced French side eventually won out.
Both of the doubles mens teams of Sergeant Adrian Flynn/Garda
Stephen Joyce and Garda Ian Hutchinson /Garda Ian Philips had
excellent performances at this level of competition with Flynn and
Joyce losing in the quarter final to the Czech Republic team of Martin
Matejisek/Milan Borik, having pushed the Czech Republic to duce
eventually loosing 12 10 in the first set.
Overall the Garda team contested two quarter finals mixed and mens
doubles and ended with a team finishing ranking of ninth.
At this level of competition their performances are very encouraging
for the sport within Ireland and An Garda Sochna.
An Garda Sochna received a further honour when Sergeant Adrian
Flynn, at the final awards and closing ceremony, received the
inaugural Union Sportive Des Polices D Europe
Merit/Recognition/Fair play award for his involvement in USPE
European Police Championships in table tennis for 20 years.
The Garda Table Tennis Club would also like to thank St Raphaels
Garda Credit Union for their contribution to the Garda team.
http://www.gardareview.ie/index.php/european-police-table-tennis-
championships/
Garda Training Video - Pre-selection
physical fitness test
Sep 24, 2015
Example of the pre-selection physical test for potential entrants
to An Garda Sochna.
Garda Nan Hu
Jan 26, 2016
Interview with a member of An Garda Sochna giving advice and
sharing his work experience
https://www.youtube.com/watch?v=HKcQhlex0S4
Review of the Garda Sochna Act, 2005 Submission of IHRC
(Designate) to the Joint Oireachtas Committee on Justice, Defence
and Equality. 4 April 2014
https://www.ihrec.ie/download/pdf/ihrc_submission_to_review_of_an_
garda_siochan_act_2005_by_oireachtas_committee_on_justice_april
_2014.pdf
THE EUROPEAN CODE OF POLICE ETHICS Recommendation
Rec(2001)10 adopted by the Committee of Ministers of the Council of
Europe on 19 September 2001 and explanatory memorandum
http://polis.osce.org/library/f/2687/500/CoE-FRA-RPT-2687-EN-500
European Convention on Human Rights
http://www.echr.coe.int/Documents/Convention_ENG.pdf
GSOC-Annual-Report-2007 Letter from Brian Lenihan we present to
you our second Annual Report, to be laid before the Houses of the
Oireachtas, as prescribed by the Garda Sochna Act 2005.
https://www.gardaombudsman.ie/docs/publications/GSOC-Annual-
Report-2007.pdf
IRISH HUMAN RIGHTS AND EQUALITY COMMISSION BILL 2014 For
European Illegal Migrant Garda
http://www.oireachtas.ie/documents/bills28/bills/2014/2014/b2014d-
memo.pdf
DRAFT MINUTES OF THE 27th MEETING OF THE JOINT COMMITTEE OF
REPRESENTATIVES OF ... April 2009 . 6. Charter of Rights ... Garda
Sochna and Human Rights The IHRC .island of Ireland
http://www.nihrc.org/uploads/documents/nihrc-general/joint-
committee/joint-committee-27-meeting-minutes-april-2009.pdf.pdf
The Law on Surveillance in Ireland - and Human Rights ...
Compliance of An Garda Sochna, April 2010 Statement
Human Rights Compliance of An Garda .
THE CRIMINAL JUSTICE (SURVEILLANCE) ACT 2009:
AN EXAMINATION OF THE COMPATABILITY OF THE NEW ACT WITH
ARTICLE 8 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS
http://corkonlinelawreview.com/editions/2010/CRIMINAL%20JUSTICEBARRY.pdf
http://www.integrityireland.ie/Whats%20going%20on%20in%20Castlebar
%20%20SC%20application%20%20p.pdf
Detail of the Irish Times 'case study' commentary on
Stephen's efforts to raise awareness of the 'common
informer' process where ordinary members of the public CAN
actually take direct private action against errant authorities.
https://www.scribd.com/document/58099350/Interception-
and-Data-Retention-Annual-Report-2009-10#
[16] Ibid.
[17] Ibid.
[18] Ibid.
[31] Ibid. para. 50. See paras 51 et seq. of the judgment for an in-
depth discussion on the precise safeguards in place.
[32] Section 11(5) of the 2009 Bill.
[44] Section 82(1) and Section 98 of the Garda Sochna Act 2005.
[45] Under Section 56(3) of the Police (Northern Ireland) Act 1998
a person employed by the Police Ombudsman for Northern
Ireland shall for the purpose of conducting, or assisting in the
conduct of, an investigation have all the powers and privileges of
a constable throughout Northern Ireland and the adjacent United
Kingdom.
[46] Under Section 4(1) of the Independent Police Complaints
Commission (Investigatory Powers) Order 2004 certain officers of
the IPCC are prescribed as being capable of authorising
surveillance for the purposes of section 30 of the Regulation of
Investigatory Powers Act 2000.
[47] See further IHRC, Policy Statement Human Rights Compliance
of An Garda Sochna, April 2009, pp. 39-43.
1
The Commissioner was accompanied by Mr. Lauri Sivonen, Ms.
Silvia Grundmann and Mr. Stefano Montanari, members of his
Office.
2. In the course of his visit the Commissioner met with An
Taoiseach Bertie Ahern, Minister for Foreign Affairs Dermot
Ahern, Minister for Justice, Equality and Law Reform Brian
Lenihan, Minister for the Environment, Heritage & Local
Government John Gormley, Minister for Health and Children Mary
Harney, Minister of State for Children Brendan Smith, and
Minister of State for Integration Conor Lenihan. Mr. Hammarberg
visited Dublin and Cork and held discussions with representatives
of local authorities, parliamentarians, members of the judiciary,
specialised ombudspersons, members of the Irish Human Rights
Commission (IHRC), as well as civil society representatives.
Furthermore, the Commissioner delivered the IHRC Annual
Human Rights Lecture in Dublin and, in Cork, addressed the
participants of a seminar on guardianship and migrant children
jointly organised by the Centre for Criminal Justice and Human
Rights of the University College Cork and the Irish Refugee
Council. He also made several institutional visits to facilities and
sites with human rights relevance.2
3. The Commissioner expresses his great appreciation for the
generous co-operation of the Irish authorities at all levels in
facilitating the visit and wishes to thank the Minister for Foreign
Affairs and his Department for their shared commitment to the
objectives of the mission. Moreover, he extends his gratitude to
all people met during the visit for their open attitude and frank
exchange of views. The Commissioner is particularly pleased to
have had the opportunity to meet with many civil society
representatives who shared their expertise and valuable insights
regarding the human rights situation in Ireland.
4. The purpose of this report is to identify opportunities for
improving the protection and promotion of human rights in
Ireland. The Commissioner considers that following on from an
open dialogue with the relevant authorities during his visit, this
report should serve as a tool for progression, future co-operation
and follow-up. He calls upon the authorities and institutions
concerned to contribute their collective expertise for further
strengthening of human rights protection in Ireland. Continuous
efforts are required in every member state to uphold human
rights to a high standard. Such work can only be efficient and
constructive when it is carried out through permanent dialogue
with all stakeholders.
5. This report begins with a brief assessment of the national
system for human rights protection in Ireland and is followed by
chapters dealing with specific human rights concerns the
Commissioner wishes to highlight. It is based on information
acquired during the visit along with statements, reports and
statistics provided by the authorities and civil society
organisations in Ireland. Naturally, relevant reports prepared by
human rights monitoring mechanisms of the Council of Europe
and other international organisations are also referred to. This
first assessment report of the Commissioner in
relation to Ireland does not provide an exhaustive analysis of the
human rights situation in Ireland but rather reflects what the
Commissioner considers to be the priorities for improving the
protection of human rights in the country.
2. National system for protecting human rights
2.1 Status of international human rights standards
6. Ireland ratified the European Convention on Human Rights and
Fundamental Freedoms (ECHR) in 1953. The Northern Ireland
Peace Agreement (Good Friday Agreement), which was reached
in multi-party negotiations on 10 April 1998, provided for the
establishment of a Human Rights Commission in Ireland and for
a Human Rights Commission in Northern Ireland. Under the Good
Friday Agreement, the Commissions are charged with promoting
and protecting human rights in their respective jurisdictions and
with working together in order to promote the protection of
human rights on the island of Ireland.
7. On 30 December 2003, the European Convention on Human
Rights Act 2003 entered into force implementing the European
Convention into Irish law subject to the Irish Constitution of
1937. Since then, people have been able to claim the rights and
freedoms of the European Convention before domestic courts. As
this legal framework is regularly used by the domestic courts, the
Commissioner considers the Human Rights Act 2003 to be a core
instrument in upholding and promoting human rights in addition
to the fundamental rights guaranteed in the Irish Constitution of
1937.
8. Ireland has ratified most of the Council of Europes and other
key international human rights treaties, including the Revised
Social Charter and its collective complaints procedure. In 2007,
Ireland signed the Convention on Action against Trafficking in
Human Beings, and the Convention on the Protection of Children
against Sexual Exploitation and Sexual Abuse. The Commissioner
welcomes these steps and strongly encourages Ireland to ratify
these instruments. Likewise, the Commissioner calls upon the
Irish authorities to ratify Protocol No. 12 to ECHR on the general
prohibition of discrimination and the Convention on Cybercrime,
as well as to sign and ratify its Additional Protocol concerning the
criminalisation of acts of a racist and xenophobic nature
committed through computer systems. Among UN treaties,
Ireland has signed but not yet ratified the Optional Protocol to
the United Nations Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (OP-CAT).3 The
Irish Government is currently reviewing domestic law in view of
possible changes to meet OP-CAT requirements regarding the
mandates of bodies intended to constitute the foreseen visiting
mechanism to places of detention.
9. Ireland has neither signed nor ratified the Convention on the
Participation of Foreigners in Public Life at Local Level, the
Convention on the Legal Status of Migrant Workers or the
International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families. The
Commissioner invites the Irish authorities to reconsider adhering
to these treaties as they would enhance the protection of the
rights of migrants and foreigners in Ireland.
2.2. The Irish Constitution and its envisaged reform
10. The Constitution of Ireland was adopted in 1937 by a
referendum and may only be amended in the same manner. It
established an independent state based on a representative
democracy and guarantees certain fundamental rights specifically
stated in Articles 40-44 which have been further developed and
extended by the jurisprudence of superior domestic courts. 4
Efforts are currently being made to implement a constitutional
reform as part of the Agreed Programme for Government of June
2007 with a focus on children. The proposed new article on
children would change current family and criminal law and aim at
improved protection of children. A joint Oireachtas (Parliament)
Committee has been set up to consider the wording and make
further recommendations.5
2.3 The judiciary and access to justice
11. The Irish judiciary comprises superior and lower courts. The
superior courts, i.e. the Supreme and the High Court, have been
established directly under the Irish Constitution. The Supreme
Court is the court of final appeal and is obliged to hear all
appeals which are brought before it, albeit in some cases
legislation in a particular area may limit appeals to points of law
only. Its decisions as to the interpretation of the Constitution and
the law are final. The High Court also has authority to interpret
the Constitution while its main function is to take up the most
serious criminal and civil cases and certain appeals from lower
courts. When sitting as a criminal court it is called the Central
Criminal Court its trials occur before a jury. The lower courts
have been set up by ordinary law. The Circuit Court when dealing
with criminal matters, sits with a jury which decides the guilt or
innocence of an accused. The criminal jurisdiction of the District
Court is limited to minor matters which may be tried summarily
without a jury. If District Courts hear childrens cases, they sit as
the Children Court. Due to the volume of cases in the areas of
Dublin, Cork, Limerick and Waterford, there are dedicated sittings
of the District Court as Children Court. The Children Courts hear
all charges against children under 18 years of age except those
which the judge, due to their gravity or other special
circumstances, decides to transfer to the Circuit Court. The
procedures in the Children Court are summary ones if the childs
parent or the young person has been informed of his/her right to
trial by jury and has waived this right.
12. In addition, the Constitution makes provision for the
establishment of Special Courts to secure the effective
administration of justice where the ordinary courts would be
unable to do so. The only example so far is the Special Criminal
Court which tries those accused of being members of paramilitary
organisations or of leading organised crime, normally without a
jury. Finally, a number of separate tribunals or determination
bodies have been set up with reference to Article 37.1 of the
Irish Constitution. These include the Equality Tribunal6, the
Labour Court, the Censorship Board and the Refugee Appeals
Tribunal7.
13. Against the background of increased migration to Ireland, the
Commissioner underlines that access to justice should not be
hampered by insufficient knowledge of local languages and,
therefore, underlines the importance of the availability of
interpretation and translation services.8 Furthermore, access to
justice is often conditioned by financial resources and the
availability of legal aid for those who lack sufficient means. While
the right to civil legal aid has been recognised in Ireland since
1979,9 the current scheme of civil legal aid has been criticised as
being limited in its scope and application.10 The Irish Human
Rights Commission in its Strategic Plan 2007-2011 highlights the
need to ensure that vulnerable groups (such as asylum-seekers,
refugees, migrant workers, ethnic minorities including Travellers,
lesbian, gay, bisexual and transgender people, homeless people,
prisoners and people with disabilities) will be in a position to
access justice through the courts. Furthermore, civil society
representatives have pointed out that judges are not always
sufficiently trained to deal with members of these groups as well
as children. The Commissioner underlines the importance of
regular training for all members of the judiciary. He also stresses
the need for a comprehensive and accessible scheme of legal aid
that reflects the actual cost of living.
14. Concerning the length of court proceedings, the
Commissioner notes with satisfaction that Ireland has had very
few cases before the European Court of Human Rights in which a
violation for excessive length has been found. In 1999, a Courts
Service was established as an independent agency to manage
and support the courts with a view to reducing waiting time,
especially in criminal and family law matters. Additional judges
were also appointed. The report Justice Matters of the Irish
Council for Civil Liberties (ICCL) of July 2007 finds that the
situation has vastly improved with the establishment of the
Courts Service, yet voices some concern regarding the adequate
funding of the Irish court system. The Commissioner encourages
the Irish authorities to monitor the situation so as to ensure that
the length of proceedings remains reasonable.
2.4 Complaints bodies and human rights structures
15. The Irish Ombudsman, who is independent in the
performance of her functions, investigates complaints about the
administrative actions of Government Departments, the Health
Service Executive, local authorities and An Post. 11 The
Ombudsman is appointed by the President following a
recommendation passed by both Houses of the Oireachtas and
she reports to the Parliament. The Ombudsman can investigate
an action on the basis of an individual complaint as well as her
own initiative. She is empowered to issue recommendations, but
her findings are not binding. Where it appears to the
Ombudsman that the response to a recommendation which she
has made is not satisfactory she may make a special report on
the matter to the Parliament. Under the Disability Act 2005 she
can deal with complaints related to the accessibility of public
buildings. The Ombudsman also acts as the Information
Commissioner, set up under the terms of the Freedom of
Information Act 1997. The Information Commissioner may review
the decisions of public bodies in relation to requests for access to
information.
16. The Ombudsman cannot investigate complaints related to
recruitment or terms of employment as this is within the remit of
the Equality Tribunal. Moreover, the Ombudsmans mandate does
not cover aliens or naturalisations and actions taken in the
administration of prisons or other places of custody. An extension
of the remit is foreseen in an Ombudsman (Amendment) Bill
soon to be published. It does not appear to address the latter
gaps, although the Ombudsman has actively sought an extension
and is one of the few Ombudsman offices in Europe being
restricted in these matters.
17. The Ombudsman for Children aims at ensuring that the
Government and other decision-makers take the best interests of
children into account. She is appointed by the President following
a recommendation passed by both Houses of the Oireachtas, and
she reports to the Parliament. The main areas of work of the
Ombudsman are independent complaints handling,
communication and participation, research and policy. In
accordance with the Ombudsman for Childrens Act 2002, the
Ombudsman for Children does not have a remit if a case is or has
already been dealt with by a court; it affects or relates to
national security (including police) or military arrangements;
relates to the recruitment or appointment of staff or to a contract
of services or employment; concerns exams results; relates to
decisions about asylum, immigration, naturalisation or citizenship
status; or concerns the running of prisons or other places of
detention (i.e. police stations) with the exception of childrens
detention schools where the Ombudsman for Children does have
a role in investigating their management.
18. The Data Protection Commissioner, who reports to the
Parliament, is responsible for upholding the rights of individuals
set out in the Data Protection Acts 1988 & 2003 and enforces the
obligations of data controllers. The Commissioner is appointed by
the Government and is independent in the exercise of his or her
functions. He receives and investigates individual complaints and
takes whatever steps may be necessary to resolve them. The
decisions of the Data Protection Commissioner can be appealed
to the Circuit Court. An independent Garda Sochna
Ombudsman Commission was introduced by the Garda Sochna
Act 2005 to deal with all police complaints. It replaced the Garda
Sochna Complaints Board on 9 May 2007.12 In addition there
are other specialised ombudsperson institutions such as the
independent Pensions Ombudsman and the Ombudsman for the
Defence Forces. The Equality Authority is an independent body
established in 1999 to combat discrimination and promote
equality of opportunity under the Employment Equality Act 1998
and the Equal Status Act 2000.13
19. The Irish Human Rights Commission (IHRC) was established
in accordance with the Good Friday Agreement as an
independent national human rights institution in line with the
Paris principles14. In line with the Human Rights Commission Acts
2000 and 2001, it comprises 15 members appointed by the
Government for a period of 5 years, with at least 7 members of
each sex. The mission of the IHRC is to endeavour to ensure that
the human rights of all people in the state are fully realised and
protected in law, policy and practice. It is empowered to make
recommendations to the Government on measures to strengthen,
protect and uphold human rights. The Commission is currently
administratively associated with the Department of Justice,
Equality and Law Reform. In the opinion of the Commissioner, the
already widely recognised independence and impartiality of the
Irish National Human Rights Commission could be further
enhanced by rendering it directly accountable to the Parliament
through the presentation of its annual reports.
20. As a non-statutory co-regulatory body, the Press
Ombudsman took up office in January 2008. Appointed by the
Press Council of Ireland, he may receive complaints from
members of the public and considers whether the case is in
breach of the Code of Practice for Newspapers and Periodicals.
The Press Ombudsman also has the option of referring difficult
cases to the Press Council. The Press Council comprises 13
people with a lay majority of seven members, including the
Chairman, who are chosen by an Appointments Committee and
drawn from suitably qualified persons representative of a broad
spectrum of civil society. The remaining six members of the Press
Council provide senior editorial and journalistic expertise and
perspectives reflective of the media industry.
21. During his visit the Commissioner met with members of
many human rights structures and was impressed by their
dedicated work for the protection of human rights. He notes
however, that due to the number of different bodies and the fact
that some of them have been established only recently, it may be
difficult for the general public to see where their individual
concern might be best placed. The Commissioner welcomes that
each of these structures already provides information on its
mandate and procedures to the public in an easily
understandable format. However, he encourages the Irish
authorities to make available more comprehensive and
comparative information to guide the potential complainant
better in finding the relevant complaints body. The Commissioner
underlines that in order to be effective and trusted by the public,
the independence and adequate funding of human rights
structures is of particular importance. The Commissioner
acknowledges the constant efforts taken by the Irish Government
to resource the national human rights institutions and
encourages them to continue their endeavour.
22. The Commissioner is aware of the ministerial veto enabling
members of the Government to stop an investigation conducted
by the Ombudsman or the Ombudsman for Children.15 He
understands that the provision is not aimed at preventing the
scrutiny of discretionary administrative decisions by the two
Ombudspersons but rather excluding value judgments which are
better assessed by the Oireachtas. There are counterbalancing
provisions which require the Ombudsman to inform the
complainant of when the veto is exercised and the Minister to
give his reasons in writing to the Ombudsman. In fact, the veto
has never been used. The Commissioner encourages the Irish
authorities to revise the current provision for the sake of clarity
as it could be perceived as an impediment to the independence of
the Ombudspersons. Moreover, the Commissioner notes the
current gaps in the mandates of the Ombudsman as well as the
Ombudsman for Children related to questions of asylum and
migration and places of detention. He observes that the
ratification and implementation of the Optional Protocol to the UN
Convention against Torture (OP-CAT) will provide a timely
opportunity for reviewing the current mandates of human rights
structures with a view to optimising their effectiveness and
independence as well as closing any remaining gaps in needs for
protection.
2.5 Police
23. The Commissioner attaches great importance to the role of
the police authorities in protecting human rights. The Irish
authorities have faced serious allegations of police misconduct in
the past and have reacted by setting up a special tribunal in
2002, headed by Mr. Justice Morris, which has so far published
five reports leading to a number of reform measures to
strengthen transparency and accountability.16 In 2004, an
external audit report of the An Garda Sochnas (the Irish Police)
structures, policies, processes and strategic behaviours for
human rights compliance was published, based on the Council of
Europe manual Policing in a Democratic Society Is your police
service a human rights champion?. The Police are currently
implementing a human rights action plan.
24. During the visit, officials of the Irish Police pointed out that
human rights play an important role in police training on all
levels. Training, manuals and guidelines aim at enabling the Irish
police to perform their functions in a manner compatible with the
obligations under the European Convention on Human Rights.
Efforts are being made to increase the recruitment of women and
members of minorities, including Travellers, in the police service.
A working group to review police training and development
opportunities for personnel has also been established.
25. The Commissioner recalls that policing in a democratic
society requires that police authorities are willing to be monitored
and held accountable for their actions. In this context,
independent monitoring and complaints bodies are especially
apposite. The Commissioner was delighted to meet with a
member and staff of the newly established Garda Sochna
Ombudsman Commission (GSOC) set up in May 2007. 17 The
primary task of the Police Ombudsman Commission is to
investigate complaints made by the public concerning the
conduct of Garda members as well as to investigate cases
referred to it by the Garda Commissioner. The Ombudsman
Commission is headed by three Commissioners, appointed by the
President of Ireland, and is endowed with a support staff of
around 80 persons, about half of them investigators and many of
them recruited from abroad to ensure independence.
Comprehensive information material is available on line and in
print to explain the role of the GSOC. After an investigation, the
Commission may initiate mediation as well as disciplinary action
or transfer the file to the prosecutor if police misconduct has
been revealed. The Commissioner is of the opinion that the
independent Police Ombudsman Commission can serve as a
model to other countries and encourages the Irish authorities to
continue its further development based on the experience
gained.
2.6 Civil society
26. The Commissioner was encouraged to observe a very active
civil society sector covering all aspects of human rights in
Ireland. During his visit the Commissioner met with numerous
NGO representatives and is very grateful for having been able to
share their expertise and valuable information on the human
rights challenges they have encountered.
27. Regarding restrictions on tax-free donations to NGOs, the
Commissioner is aware that the current definition of political
purpose in the relevant legislation is so broad that it may
constitute an impediment for legitimate advocacy activities of
NGOs. In September 2007, the OSCEs Office for Democratic
Institutions and Human Rights recommended that the Electoral
Act 1997 be amended to limit the definition. Furthermore, there
seems to be no clarity on whether the promotion of human
rights, equality and social justice will be considered as charitable
purposes under the Charities Bill 2007 currently under review by
Parliament.
28. As to the dialogue between the Irish authorities and civil
society, the Department of Foreign Affairs has established a
formal framework for regular contacts with NGOs through their
joint standing committee on human rights established in 1997.
Other departments interact with civil society on specific policy
issues. However, there are plans to establish a systematic
approach for civil societys consultation in the area of integration
with the help of a task force. During the Commissioners visit,
several NGOs expressed their concern about the reaction of the
Irish authorities when they publicly questioned the role of Pavee
Point, an NGO representing Travellers and Roma, in providing
humanitarian assistance to a group of Roma families from
Romania in summer 2007.18 A senior civil servant had been
instructed to carry out a review of Pavee Points role in the
matter with potential consequences regarding Government
funding to the NGO.
29. The Commissioner underlines the need for constant and
constructive dialogue between the authorities and civil society
representatives. He encourages the Irish authorities to continue
to facilitate and support direct interaction with civil society at all
levels to ensure that the experience and expertise of civil society
representatives can benefit policy formulation and
implementation.
2.7 Human rights education
30. Human rights education is an essential part of a national
human rights policy. It ensures that individuals have an
understanding of their human rights and those of others, thereby
promoting critical thinking and mutual respect. In Ireland, after
the Good Friday Agreement of 1998, priority was given to the
advancement of human rights, although no national action plan
on human rights education has been developed despite the
commitments made during the UN Decade for Human Rights
Education (1995-2004). State bodies, human rights structures
and NGOs are involved in providing human rights education on
various levels. The Department of Education and Science with the
National Council for Curriculum and Assessment (NCCA) are
responsible for formal education and curriculum.
31. For primary education (between the ages of 4-12) the NCCA
published guidelines on the integration of intercultural education
across the primary school curriculum in 2005. Human rights
issues are addressed in the primary school curriculum through
the Social, Personal and Health Education (SPHE) programme,
which is mandatory. Although human rights terminology is not
used, the programme aims at developing an awareness of how to
interact fairly with others, learning to treat others with dignity
and respect and to appreciate differences. In addition, the Lift-
Off initiative was launched in 2001 by Amnesty International in
association with the Irish National Teachers Organisation and the
Ulster Union of Teachers to encourage the development of a
human rights culture as a cross-border human rights education
pilot project for primary schools. The Lift-Off initiative has
developed support materials covering all stages of the primary
curriculum, available free of charge to schools. A first evaluation
has been largely positive but finds that mainstreaming is
needed.19
32. For secondary education (between the ages of 13-18) the
NCCA published guidelines on the integration of intercultural
education across the curriculum in 2006. For the junior cycle,
Social, Personal and Health Education is mandatory. In addition,
a mandatory course on citizenship education including a series of
modules in human rights education called Civic, Social and
Political Education (CSPE) has been developed in close
cooperation with NGOs; CSPE is an exam subject. The NCCA is in
the process of overhauling the senior cycle curriculum and has
stated that the proposed re-balancing of the curriculum at senior
level will provide new opportunities for the inclusion of additional
areas of study with a focus on citizenship, human rights and
global issues.
33. As part of the CSPE programme, teacher training on human
rights issues is provided by the Curriculum Development Unit of
the City of Dublins Vocational Education Committee. Amnesty
International is providing human rights education through in-
service training for primary school teachers and principals and
through post-graduate seminars at higher colleges of primary
education. At universities, a number of human rights centres
have been developed in association with law faculties at
University College Galway, University College Dublin and
University College Cork. Human rights are featured in law
courses. The Irish Human Rights Commission and Amnesty
International also deliver lectures on human rights at
universities. As for training of public servants and professional
bodies, the Law Society of Ireland organises regular lectures on
human rights law and has developed a case-study for the first
year syllabus for trainee solicitors. The Irish Human Rights
Commission has committed itself to developing a human rights
education programme for civil and public servants, legal
professionals and the judiciary, among others.
34. Civil society organisations, including NGOs, voluntary and
community groups, religiously affiliated organisations and
advocacy groups, have been actively promoting human rights in
their educational activities for many years, some of them having
worked closely with the NCCA and the Development Education
Unit of Irish Aid on developing education projects in the past. The
National Youth Development Education Programme (NYDEP) is a
partnership between the National Youth Council of Ireland and
Irish Aid at the Department of Foreign Affairs. The programme
aims to integrate development education, including anti-racist
and intercultural education, into the core programmes of youth
organisations. There are also programmes for community based
actions in which NGOs and the IHRC have cooperated, such as
training courses to community and womens groups on economic,
social, and cultural rights, with particular reference to the themes
of poverty and womens rights.
35. The Commissioner welcomes the wide range of on-going
initiatives in the field of human rights education in Ireland. He
encourages the Irish authorities to strengthen their efforts in the
context of immigration bringing new challenges to Irish society.
He recalls that a coherent and coordinated approach in human
rights education in schools might substantially reduce the risk of
bullying in schools, which was described as a problem to the
Commissioner during his visit. The need for human rights
education of professionals should be assessed and addressed, in
particular in the health sector and the judiciary. Furthermore, in
view of the many activities undertaken and planned for, it would
be useful to prepare a base-line study to assess the extent to
which human rights are currently integrated into education and
training. Such a study would also help identify further needs for
ensuring that human rights awareness reaches all walks of
society and facilitate the preparation of a national action plan on
human rights education.
2.8 National coordination of human rights issues
36. In his primary role under the Irish Constitution, the Attorney
General acts as an advisor to the Government in matters of law.
During his visit, the Commissioner was pleased to learn that in
fulfilment of this mandate, the Office of the Attorney General
routinely considers the compatibility of draft legislation with the
Irish Constitution and the European Convention on Human Rights
and advises accordingly. During his visit, the Commissioner also
learned that the Department of Justice, Equality and Law Reform
reviews legislation for compatibility with equality legislation.
37. However, the Commissioner notes that currently there is no
national action plan for human rights in Ireland nor any
comprehensive coordinating mechanism among the authorities in
this field. The purpose of such an action plan should be to
improve the protection and promotion of human rights through a
comprehensive and coherent approach involving all stakeholders
including representatives of civil society. The United Nations has
provided guidance for the preparation of human rights action
plans, which should include a baseline study to analyse the
current human rights situation and the structural framework for
human rights protection.20 The Commissioner is convinced that
such an analysis would be useful for clarifying the respective
responsibilities of relevant authorities and institutions and
identifying and addressing any remaining protection gaps. A
national action plan on human rights should be viewed as a
coordinated and inclusive process for the continuous
improvement of human rights protection in Ireland.
3. Childrens Rights
38. Children in Ireland are generally defined as all persons below
the age of 18, in line with the UN Convention on the Rights of the
Child to which Ireland is a state party. Ireland has a relatively
young population as children represent approximately one-
quarter of the total population. However, many children in Ireland
live under the risk of poverty. Despite progress made due to
Irelands rapid economic development since the mid-1990s, the
EU Survey of Income and Living Conditions 2004 demonstrate
that around 100,000 children, that is one in 10, were living in
consistent poverty. Another 230,000 children, nearly one in four,
were at risk of experiencing poverty.21 The need to tackle child
poverty has been addressed in numerous policy documents, 22 the
most recent one being Irelands National Action Plan for Social
Inclusion 2007-2016 (NAP inclusion). One of its four policy
objectives is to ensure that children reach their true potential by
significantly reducing the number of children experiencing
consistent poverty to between 2% and 4 % by 2014, and
eventually eliminating it by 2016. The Action Plan aims at
providing targeted pre-school education, reducing literacy
difficulties and tackling early school leaving as well as
maintaining child income measures at 33-35% of the minimum
adult social welfare payment rate.
39. More generally, over the past years, childrens rights have
been a growing topic of discussion in Irish society, resulting in
the creation of the offices of a Minister of State for Children and
an Ombudsman for Children as well as the publication of the
National Childrens Strategy 2000-2010. The strategy aims at
bringing greater coherence to policy-making for children and
young people. In an effort to find out what issues are of concern
to children and young people in Ireland, the Ombudsman for
Children ran a participatory project called the Big Ballot. In her
meeting with the Commissioner, the Ombudsman for Children
informed him of its results: of the over 70,000 votes cast by
children, one-third ranked family and care as the most
important issue for children.23
40. The Commissioner welcomes the initiatives taken to combat
child poverty and to promote the possibilities for children to be
heard, in particular through the establishment of the Office of the
Ombudsman for Children. He calls on the Irish authorities to
promote equal opportunities through an effective implementation
of the National Action Plan for Social Inclusion so as to protect all
children against the negative impact of economic hardship.
Furthermore, he encourages the Irish authorities to monitor the
effects of their National Childrens Strategy with a view to further
enhancing childrens rights and well-being.
3.1 Constitutional reform
41. In November 2006, An Taoiseach announced his intention to
hold a referendum on childrens rights to amend the Constitution.
After his re-election in June 2007, An Taoiseach and his new
Government confirmed this intention and continued work on the
Twenty-Eighth Amendment of the Constitution Bill 2007 published
in February 2007. The new Article 42.A would change current
family and criminal law. With regard to family law and child
welfare, under this article the State will acknowledge and affirm
the natural and imprescriptible rights of all childrenand ensure
that the best interests of the child are put centre stage in the
adoption and care systems and in all custody disputes. In
November 2007, an all-party parliamentary Committee was
established to examine the amendment and to report back to the
Oireachtas within four months of its establishment. The date of
the referendum had not been decided at the time of writing this
report.
42. The Government initiative, while in principle welcomed by
Irish society, has stimulated broad and critical discussion on all
levels. NGOs24, experts25 and the Ombudsman for Children26 have
expressed their concern that the approach taken by the
Government is not going far enough to meet the
recommendations of the UN Committee on the Rights of the
Child27 as it does not make the best interests of the child
principle generally applicable.
43. With regard to criminal law and child protection against
abuse, the Government proposes to allow the use of so-called
soft information28 about suspected child abusers and to
introduce legislation to make it impossible to claim the defence of
honest mistake about the age of the victim. While there seems
to be a general consensus that the current criminal law needs to
be revised due to a lack of adequate protection for children, the
proposed change is of concern to civil society. This change may
severely reduce defence rights and might lead to
disproportionate criminal sanctions of sexual activities between
teenagers. Furthermore, it appears to afford little control over
the gathering of soft information and its use with regard to
suspected child abusers.
44. The Commissioner noted with satisfaction that in June 2006
the Irish Government appointed two independent legal experts as
Special Rapporteurs on Child Protection to keep under review
legal developments and to audit them. The experts submitted
their annual reports. covering various aspects of the proposed
constitutional amendment, to the Oireachtas in November 2007.29
The concerns raised in the context of defence and information
rights should be carefully assessed in the light of Article 6 of the
European Convention on Human Rights and its interpretation by
the European Court. The Commissioner urges the Irish
authorities to seize the opportunity and include in their proposal
for constitutional amendment the best interests of the child as a
general principle, in line with the UN Convention on the Rights of
the Child.
3.2 Corporal punishment
45. While corporal punishment30 in Ireland is prohibited for
children in detention and schools as well as all places where a
child is in public care, and violence against children is prohibited
under the Children Act 2001, parents can still use chastisement
under common law.31 Following a collective complaint brought by
the World Organisation against Torture (OMCT), the European
Committee on Social Rights ruled in 2005 that Irelands common
law reasonable chastisement defence is in violation of Article 17
of the Revised European Social Charter. The UN Committee on
the Rights of the Child in 2006 reiterated its previous
recommendation to ban all forms of corporal punishment,
including within the family.32 NGOs representing children have
expressed their disappointment that although the Irish
Government has made a commitment to introduce legislation in
line with developing social standards, no draft legislation, nor
any timeline for its introduction, has been proposed.33
46. The Commissioner has called on all States party to the
European Convention on Human Rights to explicitly prohibit
corporal punishment, including in the family. The issue is
currently under review in Ireland. In late 2007, the specially
appointed Child Rapporteur delivered his expert opinion to the
Oireachtas. He warned that Ireland might be liable to a legal
action under Article 3 of the European Convention banning
torture, inhuman or degrading treatment or punishment and
recommended legislative change invoking the principle of
proportionality.34
47. The Commissioner wishes to refer to the ongoing Council of
Europe information activities in this field.35 He recalls that
although legal reform is needed, sustained public education and
awareness-raising, including the promotion of positive parenting,
is also necessary to end legal and social acceptance of violence
against children. He welcomes the ongoing review in Ireland and
urges the Irish authorities to bring Irish law in line with
international standards.
3.3 Separated and missing children
48. Separated children are defined as children under the age of
18 who have been separated from both parents, or from their
previous or customary primary caregiver, but not necessarily
from other relatives.36 Separated children may be seeking asylum
because of fear of persecution or the lack of protection due to
human rights violations, armed conflict or disturbances in their
own country. They may be the victims of trafficking for sexual or
other exploitation, or they may have travelled to Europe to
escape conditions of serious deprivation.37 Data on separated
children in Ireland vary significantly from one authority to
another,38 but the Irish authorities have indicated that the total
number amounts to 5,369 between 2000 and 2007 of which
2,635 were reunited with family members. 1,939 children applied
for asylum during the period 2000 to 2007. All separated children
who enter Ireland are placed in the care of the Health Service
Executive (HSE)39, with 180 children in care at year end 2007. It
is reported that the proportion of social workers allocated to
separated children seeking asylum is considerably lower than
that allocated to Irish children in care, even though both groups
are protected by the same Child Care Act 1991. In Ireland, there
is no regular practice of providing separated children with a
guardian ad litem to support and represent them during the
asylum procedure, where the child is especially vulnerable.
However, under the National Childrens Strategy the Government
has made a commitment to provide a guardian ad litem for all
separated children. It should be noted that although a
representative of the Refugee Legal Service is present at the
asylum process, this does not amount to independent legal
counsel.
49. The majority of separated children aged 16 to 18 in Ireland
do not reside in children's care centers, but in privately managed
hostel accommodation with no professional care staff. Children
under the age of 16 are placed in foster care or in a residential
placement with professional care staff. The Transition Supports
Project40, has two youth outreach workers who regularly visit
separated children in their accommodation and develop special
programmes for them. The hostels are not covered by the
National Standards for Childrens Residential Centres and its
system of internal and external complaints. The Health
Information and Quality Authority (HIQA) and its Social Services
Inspectorate (SSI) are responsible for inspecting accommodation
facilities where children are placed. NGOs have reported that
nearly all hostels failed the inspection, but no inspection report
has so far been made public.
50. The Commissioner notes that some consideration has been
given to adapting the asylum process to children in the proposed
2008 Immigration, Residence and Protection Bill, in particular by
incorporating the principle of the best interests of the child within
some provisions. He is, nevertheless, concerned that this
principle is not generally applicable in all provisions of the Bill
relating to children. The current absence of guardians ad litem
for each child is also a matter of concern. Guardians play a
particular role in ensuring that the voice of a separated child is
heard during the asylum procedure and that his or her best
interests are taken into account in an objective manner. 41
51. The Representative of the UN High Commissioner for
Refugees in Ireland expressed concerns to the Commissioner
regarding separated children who are not identified as such by
Irish immigration officials at a port of entry partly due to the
absence of standardised methods for age assessment. Moreover,
the Commissioner is of the opinion that separated children should
be exempt from procedures related to safe third countries and
safe countries of origin, so-called manifestly ill founded
applications, and Dublin II transfers. Similarly, in the light of the
European Courts case law, they should not be detained on
immigration grounds or refused entry to the State. 42 He therefore
welcomes that under the proposed Immigration, Residence and
Protection Bill children may not be detained on immigration
grounds.
52. The inadequate level of care provided to separated children,
along with the lack of mechanisms for identifying separated
children who enter the country, has been directly linked to
instances of children going missing. These children may be in
inherent danger of being trafficked for exploitation. 43 The HSE
reports that 313 children had gone missing from their care
placements between 2001 and 2005 and that 35 of these were
subsequently located, giving a net figure of 278 children missing.
53. In 2007, Ireland signed both the Convention on action
against trafficking in human beings and the Convention on the
protection of children against sexual exploitation and sexual
abuse.44 Both Council of Europe conventions are victim focussed,
aiming at their protection and support through a variety of
means, including social ones. In October 2007, the Minister for
Justice, Equality and Law Reform published the Criminal Law
(Human Trafficking) Bill 2007, which contains provisions
criminalising trafficking in children for the purpose of labour
exploitation and the removal of organs for exploitative
purposes.45 NGOs and the Childrens Ombudsman have however
criticised the Bill for lacking effective measures for victim
support. The criticism was partly met in the draft Immigration,
Residence and Protection Bill, published in January 2008, which
contains provisions for a so-called reflection and recovery period
for victims of trafficking. While welcoming these positive
developments, the Commissioner notes that the proposed 45-day
reflection period may not be long enough in the case of
traumatised children.
54. The Commissioner is deeply concerned with the high number
of children who have gone missing from accommodation centres
in Ireland. A child who finds him or herself in the care of the
state should be afforded an equal level of protection and rights as
Irish children, while particular attention needs to be paid to the
prevention of disappearances. Unaccompanied minors lack the
protection normally provided by families and are consequently
particularly vulnerable. This is even more so when children have
been traumatised through forced participation in armed conflict.
In order to provide adequate care for separated children, and
especially the more vulnerable ones, accommodation centres
should be staffed by vetted and professional personnel. Children
should also be given information adapted to their age regarding
the dangers of human trafficking. Moreover, the provision of
guardians ad litem for each child would benefit the objective of
preventing disappearances as well. Finally, the role currently
played by NGOs in providing support for victims of trafficking
should be recognised and supported by the authorities.
3.4 Access to education
55. In the past, the Irish authorities have been criticised for
under-spending on education, resulting in poor infrastructure and
equipment and large class sizes,46 as well as for a lack of choice
due to the fact that the overwhelming majority of primary
schools in Ireland are Catholic schools. It should be noted in this
context that the vast majority of primary schools in Ireland were
originally established by religious authorities, mainly the Catholic
Church, and that they still continue to run most of them. While
the 2006 budget saw an increase of 500 teachers and much
progress has been made in improving the infrastructure, 47 the
lack of choice remains a problem. The Commissioner visited
Glanmire Community College, a non-denominational school in
County Cork and met with staff and students. The growing
diversity of Irish society has seen an increase in the demand for
multi-denominational or non-denominational schools that the
current practical and legislative infrastructure is unable to meet,
in particular when schools are obliged to enrol Catholic applicants
first. The European Commission against Racism and Intolerance
has recommended that the greater demand for non-
denominational or multi-faith schools should be met.48 During the
visit of the Commissioner, several NGOs expressed concerns
about the segregation of non-catholic migrants in education.
They highlighted the case of a school in Balbriggan which was
almost entirely composed of African pupils who had not been
admitted to Catholic schools due to the priority given to Catholic
applicants. This case had attracted particular controversy and
criticism as regards insufficient preparation for residential and
educational integration of immigrant communities.
56. The Commissioner encourages the Irish authorities in their
efforts to provide education in a safe and stimulating
environment and that the teacher-pupil ratio should be such as
promotes active learning for all groups of children. He notes with
satisfaction that the Irish Government intends to meet the needs
for providing adequate school facilities for the estimated increase
of 100,000 children entering Irish primary schools over the next
seven years. The Commissioner underlines that providing quality
education accessible to all children is one of the most efficient
ways of preventing inequality, poverty and social exclusion. He
welcomes the new state model of community national school to
be piloted in three locations from September 2008. The model
aims at facilitating religious education for various denominational
groups. There are also plans to set up a tri-religious,
intercultural, interdenominational primary school in County
Kildare, teaching children of Christian, Jewish and Muslim
backgrounds together. Moreover, the Commissioner appreciates
the new school enrolment policy of the Archdiocese of Dublin,
which has recently set aside a one-third quota for non-Catholic
children in two pilot schools located in areas of massive
population growth. He encourages the authorities to
systematically address the increasing demand for choice within
the educational system while involving all stakeholders including
children in the process.
3.5 Access to mental health care
57. In January 2006, the Government adopted a mental health
strategy A Vision for Change in an effort to address deficits in
the Irish mental health system. Despite a certain progress being
observed, the lack of implementation of this strategy has come
under criticism by health professionals, NGOs, the Ombudsman
for Children and the Committee for the Prevention of Torture
(CPT).49 On the one hand, the question of whether the current
law permits persons who have been detained in the Central
Mental Hospital and who are no longer in need of in-patient care,
to be released subject to conditions, is unclear and is the subject
of litigation.50 On the other, there are not enough places for those
in need of hospitalisation. This can result in police detention as
an interim measure for a disturbed person, notwithstanding that
this practice has been ruled illegal by the High Court. 51 The
Commissioner visited the Central Mental Hospital which has been
in operation since the 1850s as a secure psychiatric institution for
those found criminally insane or in need of therapeutic
intervention - frequently involuntary - in a secure setting. It has
been the subject of a number of reviews, the most recent of
which was commissioned by the Mental Health Commission. Its
2006 inquiry report highlighted many concerns that, despite
progress in some areas, continued to prevail in the institution
and concluded with several recommendations.52
58. During his visit it was apparent to the Commissioner that the
principal buildings of the Central Mental Health Hospital were not
suitable to meet todays care standards, a fact that has met with
general consensus. In the Irish Minister for Health and Childrens
meeting with the Commissioner, she confirmed plans to build a
new facility in the vicinity of Thornton Hall, North of Dublin,
projected to be completed in 2012. As Thornton Hall will be the
site of a new prison complex, NGOs and clinicians expressed their
concern to the Commissioner that locating a hospital nearby a
prison could lead to stigmatisation of mental health patients.
Furthermore, they were concerned about the inaccessibility of the
location, which could make efforts for the gradual reintegration of
patients more difficult. The Commissioner was impressed by the
high level of professionalism demonstrated by the staff in the
Central Mental Hospital and their commitment to the social
reintegration of patients. The Commissioner encourages the Irish
authorities to provide adequate facilities to replace the current
Central Mental Hospital, which would continue to facilitate the
effective reintegration of patients.
59. The Childrens Rights Alliance has raised concerns about child
and adolescent psychiatric services being under-developed and
under-funded. As a result, sixteen- and seventeen-year-old
children continue to be treated through adult services and in
adult psychiatric centres and have to endure long waiting periods
(sometimes 3 - 5 years) for assessment. The Irish prison
chaplains report refers to 3,000 children on waiting lists for
assessment and 300 children being treated every year in adult
psychiatric hospitals.53 Moreover, there also appears to be
significant gaps in community-based care and access to services
for those at risk of self-harm, including children. 54 Such criticism
has also been expressed by the Ombudsman for Children who
has stressed that the stigma surrounding mental health issues is
preventing children from seeking assistance.55 She has called on
the Irish Government to implement their mental health policy A
vision for change with a particular focus on children. This would
entail the extension of current social services provided to children
and families at risk to a seven-day 24-hour service, the
establishment of child and adolescent mental health teams at
local level and the development of appropriate in-patient
facilities.
60. The Commissioner underlines that placing children who are in
need of psychiatric treatment in adult facilities is in breach of the
UN Convention on the Rights of the Child. He recalls that the
European Court of Human Rights has previously found Ireland in
breach of the European Convention on Human Rights for
temporary placement of a mentally ill minor into a penal
institution in 1997 due to the lack of available places for care. 56
He calls on the Irish authorities to provide sufficient and
adequately resourced separate facilities for mentally ill children.
Furthermore, he encourages the Irish authorities to facilitate
early intervention at local level and to substantially reduce
waiting periods for assessing and treating children.
4. Juvenile Justice
4.1 Juvenile Justice System
61. Juvenile justice is administered through the Irish Youth
Justice Service. The service was established as an executive
office of the Department of Justice, Equality and Law Reform in
December 2005 with a remit to implement the criminal justice
provisions of the Children Act 2001, as amended by the Criminal
Justice Act 2006. These provisions relate to sanctions in the
community, restorative justice, diversion projects and the
operation of detention schools. There are plans to invest in the
youth justice system under the National Development Plan,57 to
publish a National Youth Justice Strategy and to develop a youth
justice research programme. During his visit the Commissioner
met with the Director of the Youth Justice Service.
62. The general age of criminal responsibility in Ireland is 12
years. However, an exception is made for 10 and 11-year-old
children charged with the most serious offences on the statute
book (murder, manslaughter, rape or aggravated sexual assault),
who face trial in the Central Criminal Court.58 While the
Commissioner welcomes that proceedings can only be taken
against a child under the age of 14 with the consent of the
Director of Public Prosecutions, he is nevertheless concerned that
the current rigid exception makes it possible to charge a very
young child with the most severe crimes in an ordinary criminal
court not specially equipped to deal with children.
63. The Commissioner acknowledges the progress made through
the Children Act 2001. He highlights the right to be heard and to
participate in any proceedings that can affect children and the
introduction of sentencing principles to be applied by all courts,
such as age and maturity as mitigating factors and the possibility
to proceed with education, training or employment without
interruption.59 The Commissioner is nevertheless concerned about
the absence of guidelines to the principles which are numerous
and can sometimes be contradictory.60 The Commissioner
encourages the Irish authorities to ensure full implementation of
the Children Act 2001 and its principles, for example by providing
guidance and specific training to the judiciary.
64. The Commissioner notes that children appearing before the
Children Court are protected by giving them anonymity and that
in 2006 this protection was extended to children prosecuted in
higher courts facing more serious charges in a trial by jury.
However, exceptions apply and anonymity can be lifted in the
public interest or to facilitate the enforcement of an Anti-Social
Behaviour Order (ASBO). During his visit, the Commissioner
discussed the issue with members of the judiciary and underlined
that in a world of strong media attention for juvenile crimes, the
right to privacy of children must be carefully balanced against the
freedom of the press, taking due note of the specific vulnerability
of children. In this context, the Commissioner recalls that
incorporating the principle of the best interets of the child into
the Irish Constitution would provide for a reference point for the
courts when having to decide whether to lift anonymity.
65. The Commissioner welcomes that the Children Act 2001
contains the principle that detention must be a measure of last
resort. He acknowledges the efforts being made to divert young
people from the criminal justice system by providing for a range
of alternative sanctions such as the Garda (Police) Diversion
Programme and community sanctions. Under the Garda Diversion
Programme police officers can caution a child and work with
children and their families to identify together which action is
needed to address a childs offensive behaviour. The Irish
Government informed the Commissioner that under this
Diversion programme, the number of Diversion Projects has
increased from 64 in 2006 to 100 today, with a further increase
to 168 projects planned by 2012. While the effectiveness of the
programme is widely acknowledged, criticism has been raised as
to severe under-funding and lack of independent oversight.61
Furthermore, under the Children Act 2001, a range of new
community sanctions for children was introduced, to be operated
by the Probation Service. However, it appears that the new
system of community sanctions is not yet fully in place across the
whole country.
66. Ireland has introduced Anti-Social Behaviour Orders (ASBOs)
in the Criminal Justice Act 2006 to respond to anti-social
behaviour by both adults and children. In the case of children,
the police can but are not required to try other interventions like
a warning and a meeting with parents similar to the Diversion
Programme prior to applying to a district court for an ASBO. If an
ASBO is breached, it constitutes a criminal offence to be
sanctioned by either a fine or detention for behaviour that was
not in itself criminal , a point for which the ASBO legislation has
been criticised. Furthermore, it is not clear whether the system
will be independently monitored.
67. The Commissioner is not aware of any ASBOs having been
issued so far. However, in his meeting with Garda the police
confirmed that ASBOs will be applied in accordance with the 2008
policing priorities issued by the Minister for Justice, Equality and
Law Reform in November 2007. The Commissioner is concerned
that violating a civil obligation can be transformed into a criminal
offence resulting in detention despite the Children Act 2001
containing the principle that detention must be a last resort.
Welcoming the transposition of this principle into Irish law, the
Commissioner calls upon the Irish authorities to review the
current ASBO system and make it mandatory for the police to
explore all possible alternatives to detention and to ensure
independent monitoring of the ASBO scheme.
4.2 Detention
68. Since 2006 under Irish law,62 children should only be detained
under the detention school model of care, education and
rehabilitation. However, as an interim measure, 16- and 17-year-
old boys may continue to be detained in St. Patricks Institution,
a prison in which adults up to the age of 21 are also kept. In view
of the report recently published by the CPT, the Commissioner
chooses to concentrate on the detention of children in the
present report and will not refer to the detention of adults more
generally.63
69. St. Patricks Institution is part of the Mountjoy prison
complex in Dublin dating back to 1850. It accommodates young
people between the ages of 16 and 21, and it is the only prison
establishment in Ireland for children 16 years old. The
Commissioner visited St. Patricks and spoke with staff members
and with juvenile prisoners in private. He acknowledged the
progress made since the CPT visit in October 2006, which had
resulted in numerous changes albeit within the limits of an
outdated facility. The Commissioner visited the new unit for 16-
and 17-year-old inmates opened in April 2007 as well as the new
exercise room, training kitchen, workshops and teaching
facilities. He was pleased to learn that there is communal eating
for the children in the new unit and that multi-disciplinary teams
hold weekly health care meetings. Furthermore, a net had been
placed over the exercise yard to prevent drugs being thrown over
the perimeter wall. Prison authorities informed the Commissioner
of plans to implement further drug prevention measures such as
increased security at the entrance.
70. Additional staff has been appointed, in particular to run
occupational activities, for drug prevention and psychological as
well as psychiatric support. The Integrated Sentence
Management (ISM) system that is being introduced in the Irish
Prison Service will also be available for young offenders currently
in St. Patricks. The system entails the implementation of an
individual risk and needs assessment leading to care and post-
release plans. The Commissioner was also informed of plans to
close St. Patricks and to build a modern prison complex in
Thornton Hall outside Dublin, which could still hold minors as
inmates.
71. The Commissioner visited Trinity House School, Oberstown,
Lusk County Dublin, a detention facility for boys under 16 and
met with some of them. A new unit for girls in the vicinity had
been opened in September 2006. The Commissioner was
impressed by the commitment shown by the staff members and
the facilities, in particular the step-down unit which aimed at
preparing children for their release by accommodating them in a
normal house on the site. He also learned of plans to equip all
bedrooms with showers and toilets in the course of 2008. In the
past, inspectors of the Department of Education and Science had
criticised Trinity House on its care plans as some children had
none and others lacked clear goals. During his visit, the
Commissioner was assured that there was an individual care plan
for each child, the child being involved in the development of the
plan. Staff members, however, pointed out that an increasing
number of children was placed in detention for a relatively short
period (less than two years) which made it difficult to develop
and implement a meaningful care plan providing for education
and social integration. Staff members thought it would be
beneficial to have on-site family accommodation to enable
visiting parents not living in the vicinity to stay overnight, a need
that was also expressed by the children spoken to.
72. The Commissioner appreciates the change of law providing
that child offenders may no longer be imprisoned but should be
subjected to the detention school model when detention is
considered unavoidable. The Commissioner is, however,
concerned with the current interim provision resulting in
imprisonment for children in an out-dated facility together with
adult prisoners up to the age of 21. He is perplexed about the
plans of the Irish authorities to continue imprisonment in an
adult facility as a further interim measure in Thornton Hall as this
appears to contradict the current policy on youth justice. He is
aware of the Minister for Childrens announcement, following
recommendations made by an expert group, to build a new
detention school complex in Lusk, County Dublin. The
Commissioner urges the Irish authorities to live up to their
commitment as expressed in the Children Act 2001 and
discontinue the imprisonment of children, making the detention
school model available whenever detention is deemed necessary.
5. Non-discrimination and womens rights
5.1 Legal and institutional framework
73. The legal basis of Irish anti-discrimination measures are the
three Equality Acts: the Employment Equality Act 1998, the Equal
Status Act 2000 and the Equality Act 2004. The Equality Act of
2004 was introduced to amend the other Acts to ensure
compliance with the EU Employment Framework Directive and
the Racial Equality Directive.64 These Acts prohibit discrimination
on the grounds of gender, race, religion, age, disability, sexual
orientation, marital status, family status and membership in the
Traveller Community. The major distinction between the
Employment Equality Act and the Equal Status Act relates to their
scope. The Employment Equality Act prohibits discrimination in
the sphere of employment and vocational training, whereas the
Equal Status Act prohibits discrimination in the provision of goods
and services.
74. A number of concerns have been raised in respect of Irelands
compliance with the EU directives. It is a matter for dispute
whether the EU Directives have been fully transposed and, thus,
the European Commission has taken formal action against
Ireland. The Equal Status Act does not cover all state functions,
activities and controlling duties while the available sanctions do
not appear to be dissuasive enough. Finally, some exemptions
have been allowed regarding non-citizens in the field of education
and same-sex couples in the field of social welfare. Ireland does
not recognise non-married or same-sex partnerships, which may
result in discrimination against children born outside of marriage,
unmarried fathers and gay men.65 NGOs argue that this situation
is incompatible with Articles 8 and 14 of the European
Convention on Human Rights. The Irish authorities have informed
the Commissioner that a Civil Partnership Bill is currently being
drafted.
75. Under the Employment Equality Act 1998, two equality
bodies were created, namely the Equality Authority and the
Equality Tribunal. The latter is the enforcement body of the
Equality Legislation. The Equality Authority is an independent
body which is charged with informing the public on equality
provisions and engaging in dialogue with various stakeholders in
Irish society. Individual complaints are dealt with by the Equality
Tribunal as the independent and quasi-judicial body to treat
complaints of alleged discrimination under equality legislation. Its
decisions and mediated settlements are legally binding. Its
director reports directly to the Minister for Justice, Equality and
Law reform. The Equality Tribunal is seen as a major
achievement as it operates in a transparent manner, all of its
decisions being publicly available.
76. During his visit, the Commissioner learned that there is a
waiting list at the Equality Tribunal and a substantial backlog of
cases resulting in delays of up to three years. This is apparently
caused by inadequate resources being allocated to the Tribunal.
The Commissioner was also informed of plans to relocate the
equality bodies from Dublin to Roscrea and Portarlington as part
of Government decentralisation and of concerns that the
relocation would result in the Equality Authority being removed
from its key partners, such as NGOs, trade unions, Government
bodies and the business sector. He was therefore pleased to hear
that a liaison office will be kept in Dublin. The Commissioner
urges the Irish authorities to ensure and enhance the functioning
of the Equality Authority and the Equality Tribunal and, in
particular, to provide adequate funding to the latter to minimise
the backlog of cases.
5.2 Gender discrimination and womens rights
77. Some figures shed a light on the position of women in
Ireland. As of November 2007, only 18.4 % of the total seats in
the Irish Parliament were filled by women,66 even though it
should be acknowledged that women have long played an
important role in Irish politics, frequently as ministers and twice
as heads of state. As a positive development, the gender pay gap
has narrowed from 13 % in 2004 to 9 % in 2006, which is below
the EU average of 15 %.67 In April 2007, the Irish Government
published a National Womens Strategy 2007-2016 with over 200
actions to address needs for the economic and social inclusion of
women and with a budget of 58 million for the period up to
2013.
78. In relation to sexual and reproductive rights, it should be
noted that since 1983 under the Irish Constitution the right of
the unborn is guaranteed with due regard to the equal right to
life of the mother.68 No legal definition or case law exists as to
whether the "unborn" refers to the foetus at the point of viability,
from the moment of conception or at some other point during
pregnancy. Since the 1992 Supreme Court judgment in the X
case,69 abortion is legal if the life of the woman is in danger.
However, despite criticism of the constitutional provision in the
judgement, there is still no legislation in place implementing the
judgment and, consequently, no legal certainty when a physician
may legally perform a life-saving abortion. In practice, abortion is
largely unavailable in Ireland in almost all circumstances. Some
NGOs argue that the legal limbo leads to a situation which
disproportionately favours the interest of the foetus over the
rights of pregnant women, thereby jeopardising womens health
and well-being and resulting in abortions performed illegally or
abroad.70 During the visit, the Irish authorities informed the
Commissioner that there were currently no plans to legislate for
abortion on the grounds of the X case.
79. Some civil society representatives advocate that access to
abortion services should be granted to all women in the country,
particularly when a woman's health is at risk, she is pregnant as
a result of rape or incest or there is evidence of severe foetal
anomaly. There have also been calls to hold a referendum to
offer the voters an opportunity to remove from the Constitution
the 1983 Amendment and to clarify the language with regard to
the unborn. Moreover, NGOs have underlined that certain
vulnerable women, especially young and migrant women, have
particular difficulties in accessing abortion services abroad. These
concerns are illustrated by the case of 17 year-old Miss D from
April 2007. When Miss D, who was placed in the care of the state
by virtue of an interim care order, learned that she was carrying
an anencephalic foetus, a fatal condition whereby a large part of
the skull and the brain is missing, she wished to terminate her
pregnancy but was prevented from travelling until a High Court
decision allowed her to leave the country.71
80. The Commissioner is concerned that despite the already
existing case law allowing for abortion under limited
circumstances, no legislation is in place to ensure this happening
in practice. This leads to serious consequences in each individual
case but especially in such cases in which vulnerable women such
as minors and migrants are concerned. In this context, he recalls
the European Courts judgment against Poland in which a
violation of Article 8, the effective respect for private life, was
found due to defective domestic abortion legislation.72 He urges
the Irish authorities and the legislator to ensure that legislation is
enacted to resolve this problem and that adequate medical
services are provided in Ireland to carry out legal abortions in
line with the jurisprudence of the Supreme Court.
81. Transgender persons in Ireland informed the Commissioner
that they experienced discrimination on account of their gender
identity. Ireland, unlike nearly all Council of Europe member
states, does not have a procedure for birth certificate recognition
for transgender persons. The European Court has found several
countries including the UK, France and Lithuania in breach of the
ECHR for such a lacuna.73 In Ireland, Dr. Lydia Foy has been
seeking to obtain a birth certificate reflecting her female gender
since April 1997. Upon her appeal, the High Court on 19 October
2007 delivered a landmark judgment ruling that the state is in
breach of Article 8 of the ECHR, and in February 2008 issued a
declaration of incompatibility to be put before Parliament if the
state does not decide to appeal the judgment within two months.
Furthermore, NGOs have expressed concerns about the
discrimination of transgender people in other fields, but in
particular in the health sector. The lack of trained staff and
familiarity with the specific problems of transsexual persons
render transgender people vulnerable to unpredictable and often
hostile responses when they use medical services. Moreover, it
should be noted that transgender persons are not protected by
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t. Prohibition of Incitement to Hatred Act 1989, which is currently
under review. The Commissioner welcomes the High Court
decision bringing clarity as to the states responsibilities towards
transgender persons. He expects that legislation bringing the
current birth registration law in line with domestic case law and
the standards of the European Convention on Human Rights will
be in place soon.
5.3 Violence against women
82. Violence against women including domestic violence remains
a persisting problem in all Council of Europe member states.
Ireland is no exception. The authorities have taken several
measures to combat violence against women including the
adoption of Domestic Violence Acts, the establishment of a
central Garda Sochna (Police) Domestic Violence and Sexual
Assault Investigation Unit which provides assistance to police
divisions countrywide and the introduction of the Garda Policy on
Domestic Violence. Yet, the UN Committee on the Elimination of
Discrimination against Women has noted the high prevalence of
violence against women and girls in Ireland and at the same time
the low prosecution and conviction rates of perpetrators.74 It is
estimated that fewer than 1 in 10 complainants in cases
concerning sexual violence report their experiences to the
criminal justice system.75 It should be acknowledged that the
conviction rate in cases that are brought to the courts is around
70% (figures for 2004) and that Ireland has severe penalties for
those convicted of rape or assault. Yet the Rape Crisis Network in
Ireland claims that only 5 % of rape cases reported to police
result in conviction in Ireland. NGOs also recommend further
training for police, prosecutors and judges in this field and the
establishment of a specialised court. Safety and barring orders
can be applied against perpetrators.
83. The National Office for the Prevention of Domestic, Sexual
and Gender-based Violence (Cosc) was set up in June 2007 with
the responsibility of ensuring a well-coordinated response to
domestic, sexual and gender-based violence against women and
men, including older people. Regarding violence against women,
the Irish authorities informed the Commissioner that Cosc aims
at supporting state and non-governmental structures already
working in this area and to collaborate closely with service
providers who support victims and treat perpetrators. Civil
society representatives have pointed out that NGOs providing
support services to victims are under-funded which results in
women having to wait for counselling services. This has
particularly negative consequences for vulnerable groups of
women such as migrant workers, women asylum-seekers and
their children, women with disabilities, Traveller women and
women who experience complex problems.
84. The Commissioner visited a womens shelter in Cork in
operation since the mid-seventies and was impressed by the
long-term commitment demonstrated by staff. He learned about
the new challenges resulting from increased migration to Ireland
such as language and cultural barriers making the work more
complex. He also discussed these issues with the authorities as
well as with civil society representatives. The Commissioner
welcomes the measures taken to combat violence against women
including the recent establishment of Cosc and the fact that its
remit extends beyond domestic violence. In view of its broad
mandate, he calls on the authorities to provide Cosc with
adequate resources for the effective fulfilment of its tasks. He
highlights the need to ensure effective support for women victims
of violence through services supplied by both state and civil
society operators.
6. Measures against racism and xenophobia
85. In recent years, Ireland has experienced rapid growth in
ethnic and cultural diversity as a result of immigration. The
census 2006 shows that 10 % of the population were foreign
nationals while the same figure for 2002 stood at 5.8 %.
According to the data on ethnic and cultural background in the
2006 census, 94.8 % of the population are considered White
(including the Irish Traveller community at 0.5 %), 1.3 % Asian
and 1.1 % Black. Among religions, Islam is now placed as the
third largest religion in Ireland with Muslims numbering 0.8 % of
the population after Roman Catholics (86.8 %) and members of
the Church of Ireland (3 %). ECRI has identified Travellers (see
the following chapter) and visible minorities, especially Africans
and Muslims, as particularly vulnerable to racism and intolerance
in Ireland.76
86. The Irish Police (An Garda Sochna) publish statistics on
racially motivated incidents in their annual reports. In 2006, 174
offences were reported while the figure for 2005 was 94, 84 in
2004, 62 in 2003 and 100 in 2002.77 These offences fall mainly
under the categories of assaults, public order offences and
criminal damages. Racist incidents are also reported to the
National Consultative Committee on Racism and Interculturalism
(NCCRI), which is a Government sponsored independent expert
body. In 2006, 65 incidents and, in 2005, 119 incidents were
reported to the NCCRI. According to the Equality Tribunals
Annual Report 2006, 146 cases were referred to the Tribunal by
employees claiming racial discrimination in the employment field,
a 76 % increase in comparison with 2005. It was estimated that
about half of the racism claims were successful and that they
amounted to a third of the Tribunals workload. Moreover, ECRI
has noted that some Irish media have portrayed asylum-seekers,
refugees, migrant workers, Travellers and Black and ethnic
minorities in a negative light.
87. Irish penal law does not specifically define racist offences,
nor does it expressly provide for the racist motivation of a crime
to be considered as an aggravating circumstance in sentencing.
However, the Irish judges may, on a discretionary basis, take the
racist motivation of the perpetrator into account among other
pertinent elements. ECRI and the UN Committee on the
Elimination of Racial Discrimination (CERD) have recommended
to the Irish authorities that the racist motivation of a crime
should be specifically legislated for as an aggravating
circumstance.78 The Irish authorities are in the process of
completing a review on the Irish penal law provisions related to
measures against racism. The scope of the review also includes
the Prohibition of Incitement to Hatred Act 1989 with particular
reference to the proposed EU Framework Decision on Combating
Racism and Xenophobia. An expert study on the subject,
commissioned by the Government and carried out by the Centre
for Criminal Justice at the University of Limerick, should be
published in early 2008.
88. Ireland is currently implementing a National Action Plan
against Racism which runs from 2005 to 2008. Its principal
objectives are 1) effective protection and redress against racism,
2) economic inclusion and equality of opportunity, 3)
accommodation of cultural diversity in service provision, 4)
recognition and awareness of cultural diversity and 5)
participation of cultural and ethnic minorities in Irish society.
There are 240 action items divided among the major objectives.
While civil society representatives have expressed their support
for the objectives of the action plan, they have highlighted the
need for its effective implementation and monitoring. Local anti-
racist and diversity plans have been drawn up in some cities and
towns including Galway, Dublin Inner City Partnership and Fingal
County Council. In their discussions with the Commissioner,
representatives of local authorities pointed out that although
current manifestations of racism and xenophobia in Ireland were
fairly low-key, it was important to persist in working against such
tendencies, especially since a possible economic downturn could
risk bringing about increased xenophobic and racist sentiments.
89. In June 2007, a Minister of State was appointed with the
specific responsibility of developing an Irish policy for the
integration of migrants. The Minister for Integration informed the
Commissioner of his intention to set up a Task Force on
Integration in 2008, supported by a consultative Forum for
Integration composed of the different stakeholders concerned by
integration. As regards the relations between the police and
minority groups, the Garda Racial and Intercultural Office was
already established in 2001 to improve communication and
consultation with ethnic minorities. Moreover, 500 ethnic liaison
officers have been appointed to improve communication with
ethnic minorities. However, NGOs have expressed concerns that a
measure aimed at introducing ID cards for third country nationals
only, as part of the proposed Immigration, Residence and
Protection Bill, could result in ethnic profiling in terms of selective
identity checks.
90. The Commissioner welcomes the National Action Plan against
Racism as well as the local anti-racist and diversity plans, while
stressing that their implementation requires resources and
should be carried out in close cooperation with civil society,
ethnic and cultural minority representatives. It is also obvious
that work against racism must be continuous and that new action
plans are prepared to follow-up those that are completed.
Monitoring the results of action plans should be accompanied by
continued efforts to improve and consolidate data collection on
racist and xenophobic incidents. The Commissioner also
highlights the positive role the recently established Press Council
and Ombudsman (see under 2.4) can play in stemming racist and
xenophobic discourse in the media. He reiterates the
recommendations made by ECRI and CERD to reform Irish
legislation so that the racist motivation of a crime is considered
as an aggravating circumstance. Furthermore, the Commissioner
encourages the Irish authorities plans to prepare a
comprehensive integration policy in cooperation with all the
stakeholders concerned. Such a policy, which in the
Commissioners opinion should cover all ethnic and cultural
minorities resident in Ireland, should aim at facilitating the
integration process of minorities in all walks of life.
7. Situation of Travellers
91. According to the 2006 Census there are 22,435 members in
the Irish Traveller community. The Travellers themselves estimate
that the real figure may in fact be well above 30,000. According
to Traveller representatives, only a minority of Travellers
currently follow the traditional life-style of travelling. Ireland has
ratified the Framework Convention for the Protection of National
Minorities (FCNM) and acknowledges that the Traveller
community is protected under the Convention, even if the state
does not recognise the Traveller community as a minority ethnic
group. The distinct cultural identity of Travellers is nevertheless
acknowledged. Ireland has not adhered to the European Charter
for regional or minority languages.
92. Both the Advisory Committee of the FCNM and ECRI have
assessed the situation of Travellers in Ireland in their 2006
reports.79 They have reported that Travellers have been subjected
to discrimination and racism in the fields of education,
employment, housing, health care, media reporting and
participation in decision making. The proportion of Traveller
children entering and completing secondary education is
substantially below the national average, although their
participation rate has increased significantly in recent years. 80 In
2006, the Equality Tribunal took two decisions related to
education, finding discrimination on the ground of membership in
the Traveller Community. In 2002, 72 % of Traveller men and 60
% Traveller women were unemployed. According to the Equality
Tribunals Annual Report 2006, 18 cases related to the Traveller
ground and 25 cases related both to the Traveller and racism
grounds under the Equal Status Acts were brought to the Tribunal
in 2006. Also in 2006, the Equality Authority held 88 case files
related to the Traveller ground under the Equal Status Acts.
93. In the field of housing, there have been short-comings in the
implementation of statutory obligations for the provision of
Traveller stopping sites and group accommodation by local
authorities. The life expectancy of Travellers is estimated to be
significantly lower than that of the majority population, although
recent data is lacking. Some Irish media have continued to
promote negative stereotypes concerning Travellers. The level of
participation of Travellers in elected bodies remains low at all
levels, while Travellers are not always represented on the key
bodies which implement public polices on Travellers, such as the
High Level Group on Traveller Issues.
94. The Irish authorities have responded to the situation of
Travellers through a number of sectorial policy initiatives. In
implementing the Housing (Traveller Accommodation) Act 1998,
local authorities are required to prepare and adopt Traveller
accommodation programmes, the second of which covers the
period 2005-2008. The Traveller Education Strategy was
published by the Government in November 2006 with the aim of
ensuring Traveller equality in terms of access, participation and
outcomes. An All Ireland Traveller Health Study was launched in
July 2007. It is also expected that the implementation of the Ten-
Year Framework Social Partnership Agreement 2006-2015 will
improve the employment and educational opportunities of
Travellers. However, Traveller representatives have criticised the
newly established Press Council for not including the prevention
of biased reporting about Travellers specifically in its draft code of
conduct.
95. The Commissioner visited Traveller-specific accommodation
at Avilla Park and the nearby St. Marys temporary halting site in
Dunsink Lane, north of Dublin, and talked with residents at both
sites as well as with representatives of the local authorities. Avilla
Park consisted of 40 recently built houses, while at St. Marys the
Traveller families lived in run-down caravans with very basic
sanitary facilities in a land area currently considered for
redevelopment. Future plans for Traveller accommodation in the
area were pending decisions regarding the redevelopment.
96. While the Commissioner acknowledges the significant efforts
made by the authorities to address the situation of Travellers, he
considers that a great deal of work remains to be accomplished.
Since a multisectorial approach is necessary, policy coordination
and effective monitoring of results are essential. In order to
promote participatory governance and to produce sustainable
results, it is especially important that the authorities work closely
with the Travellers themselves when preparing, implementing
and monitoring policies and programmes designed for Travellers.
During his visit to Cork, the city authorities pointed out that the
active participation of Traveller representatives in their Traveller
Interagency Group had been central to the effectiveness of its
work. The Commissioner urges the Irish authorities to adopt a
Traveller inclusive approach in all policy and coordination bodies
dealing specifically with Traveller-related issues both at national
and local level, including the High Level Group on Traveller
Issues. The Commissioner also encourages further efforts to
involve Travellers in political decision-making. Traveller
communities should be adequately represented in local councils,
and the possibility of reserving a specific seat for the Traveller
community in the Irish parliament, perhaps in the Seanad, would
merit serious consideration.
97. Traveller representatives have made it known to the
Commissioner that many Travellers wish to be recognised as
members of an ethnic minority group in Ireland. The UN
Committee on the Elimination of Racial Discrimination has
encouraged Ireland to work more concretely towards recognising
the Traveller community as an ethnic group, while the Advisory
Committee of the FCNM has underlined the relevance of the
principle of self-identification stemming from Article 3 of the
Framework Convention.81 The Commissioner encourages active
dialogue on the question between the Traveller Community and
the authorities. Furthermore, the Commissioner considers it
essential that Travellers are effectively protected against
discrimination and racism under national and international law.
While it is true that Travellers are specifically protected against
discrimination under the Traveller ground in the Irish anti-
discrimination legislation, it is also clear that Travellers can be
victims of racism more generally. It is therefore essential that
Travellers are acknowledged as potential victims of racism in the
implementation of the national action plan against racism and the
work of the recently established Press Council and its
Ombudsman. Travellers should also benefit from non-
discrimination provisions under the race ground at national,
European and international levels.
8. Treatment of migrants and asylum-seekers
98. Ireland's asylum system is a relatively new one as only in the
mid-1990s did asylum-seekers begin to enter the country in
significant numbers. However, its asylum legislation and
institutions did not become operative until the end of 2000.
Coupled with this has been the transformation of Ireland from a
country of net emigration, with a high unemployment rate and
depressed economy, to a multicultural country of net immigration
and a fast growing economy. The Irish government seeks to
address the challenges posed by this development in its January
2008 Immigration, Residence and Protection Bill. The new
legislation aims at reviewing, amending, consolidating and
enhancing the current body of legislation, which dates back to
1935. In addition, selective EU law will be implemented.
8.1 The current immigration and asylum framework
99. Ireland is not a member of the Schengen system and has
made reservations to the Amsterdam treaty in the areas of visa,
immigration and asylum. Ireland may, however, opt in, on a case
by case basis, the relevant EU legislation and has chosen to do so
in a number of areas. Among the core directives and regulations
in the area of asylum and immigration laws, Ireland has
transposed the following: The Refugee Qualifications Directive,
the Dublin II Regulation (including the EuroDac Directive), the
Directive on Mass Influx, and the Free Movement of EU-Citizens
and Family Members Directive.82 In the process of transposition is
the Minimum Standards on Asylum Procedures Directive83, which
along with the Refugee Qualification Directive will be
implemented through the proposed Immigration, Residence and
Protection Bill. Ireland has opted out of the Directive on Minimum
Standards for the Reception of Asylum Seekers and the Directive
on Family Reunification.84
100. On the domestic level, refugee determination in Ireland is
currently regulated by the Refugee Act of 1996 and the European
Communities (Eligibility for Protection) Regulations of 2006.
General immigration is regulated by the Aliens Act 1934, the
Aliens Order 1946, the Immigration Acts 1999, 2003 & 2004 and
the Illegal Immigrants (Trafficking) Act of 2000. Citizenship is
regulated by the Irish Nationality and Citizenship Act, which was
amended in 2005 following a change in the Constitution to the
effect that constitutional guarantees of Irish citizenship for
persons born in Ireland to non-Irish parents have been removed.
The current administrative structure for processing asylum
applications is made up of the Office of the Refugee Applications
Commissioner (ORAC) and the Refugee Appeals Tribunal (RAT).
RAT was established as an independent mechanism to process
asylum appeals from the ORAC, but has been criticised for a
number of reasons, among them lack of publicity and alleged
bias on the part of board members, who are paid by the number
of cases processed. The draft Immigration, Residence and
Protection Bill provides for the establishment of a new and
independent Protection Review Tribunal in place of the RAT. The
new body would be required to improve transparency and
consistency, and may have full-time members. It may also
publish selected decisions based on their general relevance.
8.2 The proposed Immigration, Residence and Protection Bill
101. In January 2008, the Irish Government published the draft
Immigration, Residence and Protection Bill to replace the current
body of legislation governing immigration and protection for
asylum-seekers.85 The Bill introduces a single procedure for
reviewing applications for protection, including applications for
refugee status, subsidiary protection and other applicable
residence permits. The Office of the UN High Commissioner for
Refugees in Dublin (UNHCR) and several NGOs have welcomed
this step hoping that it will speed up the currently lengthy
proceedings, which in a
number of cases take three to five years. The draft Bill also
introduces a new status of long-term resident which grants
benefits generally on par with Irish citizens for those immigrants
who have at least five years residence in Ireland.86
102. Like the earlier proposal from April 2007, the 2008 draft Bill
has been criticised for lacking sufficient clarity as it retains, to a
large degree, the principle of ministerial discretion and does not
put core areas such as family reunification on a statutory basis.
The proposed Bill does not provide an independent appeal
mechanism for immigration decisions and may facilitate the
summary deportation of undocumented foreigners, without the
right for a review. Another issue that has been highlighted by
NGOs is the continuation of the Carriers Liability that was first
introduced in the Immigration Act of 2003, imposing penalties on
airlines and ferry companies for transporting people not in
possession of proper documentation to Ireland. Furthermore,
under the draft Bill judicial review for rejected asylum-seekers
would be more restricted and applicants may be deported while
awaiting such review.
103. The Commissioner welcomes the Irish Governments
initiative to provide a comprehensive immigration system,
including in particular the introduction of a single procedure for
determining applications for refugee status, subsidiary protection
and other leaves to remain. The Commissioner hopes that this
improvement would have a significant impact on the length of
proceedings for the determination of asylum applications. In
relation to the Bills aim to transpose the Refugee Qualification
and Asylum Procedure Directives, it should, however, be
underlined that the EU Directives concerned only set minimum
standards. The Commissioner therefore calls on Ireland to
implement them in the spirit of improving the protection of
refugees, as is stated in preambular paragraph 8 of the
Qualification Directive.
104. The Commissioner notes that the new Bill contains an
explicit prohibition of refoulement. 87 However, the UNHCR Office
in Dublin has raised numerous concerns related to exceptions to
the rule, including its procedural implementation in the context of
the asylum seekers arrival in the country.88 The Commissioner
shares these concerns and furthermore points to the proposed
power to remove undocumented migrants summarily, which
appears not to provide a full assessment of the individual case.
The implementation of the principle of non-refoulement and the
extraterritorial protection granted by Article 3 of the ECHR call for
due process in the form of access to appeals and a right to
remain, pending a final decision or judgment, in all cases where
deportation might lead to serious harm or torture, inhuman or
degrading treatment. Moreover, the Commissioner notes with
concern that the proposed Immigration, Residence and Protection
Bill contains provisions enabling courts to direct costs of so-called
frivolous and vexatious proceedings to the legal representative
of the applicant. With regard to the imperative importance of
independent legal counsel to the safeguarding of human rights,
the Commissioner calls for a review of these provisions.
105. The Commissioner has also been made aware of a debate
regarding the establishment of closed reception or detention
centres for asylum applicants. The draft Immigration, Residence
and Protection Bill has been criticised for introducing increased
powers of detention for asylum-seekers.89 In this context, it
should be recalled that already in its report of October 2006, the
Committee for the Prevention of Torture (CPT) called upon the
Irish authorities to urgently review the current arrangements for
accommodating persons detained for immigration offences.90 The
Commissioner stresses that as a rule asylum-seekers should not
normally be subjected to detention when they have not
committed any offence and that when failed asylum-seekers are
kept in pre-deportation detention they should not be
accommodated in the same facilities as sentenced criminal
offenders.
8.3 Asylum-seekers
106. In 2006, Ireland received 4,314 applications for refugee
status. This is more or less on a par with 2004 and 2005, where
4,769 and 4,324 applications respectively were received, and a
significant drop from early 2000 figures, which reached above
10,000. In 2007, 3,985 asylum applications were received, the
lowest annual total since 2002. The number of applications
outstanding at the first instance, the Office of the Refugee
Applications Commissioner (ORAC) at the end of 2006 was 924.
This represents a significant reduction from the end of 2005
where more than 1,600 cases were pending and the end of 2004
with more than 3,600 cases pending. The Refugee Appeals
Tribunal (RAT) received a total of 3,172 cases and had 2,500
cases pending at the end of 2006. This reflects not only the
capacity of the RAT but also a delay caused by a decision to
hold cases pending a Supreme Court judgment in relation to
publications of decision by the RAT.
107. Since September 2003, all newly arrived asylum-seekers
have been required to reside and remain in the accommodation
allocated to them by the Reception and Integration Agency (RIA)
while their application for refugee status is being considered.
Failure to comply with this is an offence that may lead to
penalties.91 Asylum-seekers are provided with three meals a day,
but are not allowed to store or cook food on the premises of the
centre.92 They are not entitled to take on paid work. The
Commissioner visited Kinsale Road Accommodation centre near
Cork airport and spoke to staff members and residents in private.
The facility is relatively new, and offers good conditions, including
on-site basic medical care. There were, however, no apartments
available for families with children; each family shared one room,
which resulted in very limited private space. Civil Society
representatives have informed the Commissioner that this is a
general problem in Irish reception centres. Reports from
independent inspectors engaged by the RIA also indicate that
deficiencies exist in certain centres, such as lack of recreational
facilities, overcrowding and problems of safety.93 The Irish
authorities have informed the Commissioner that the safety
concerns raised in the inspection reports had been addressed
subsequently by proprietors.
108. While acknowledging that the facility visited is, in general,
of a good standard, the Commissioner is concerned about the
current state of accommodation for families and of the
deficiencies reported by independent inspectors. The
Commissioner is also concerned about the low degree of personal
autonomy asylum-seekers may retain throughout the process,
knowing that it can take three to five years to have an asylum
application determined. The Commissioner recalls that ECRI has
recommended the introduction of provisions allowing temporary
work permits for asylum-seekers.94 In addition to strengthening
the autonomy of asylum-seekers and providing revenues for the
receiving country, access to the labour market may actually
facilitate reintegration into the country of origin by making it
possible for the asylum-seeker to return home with a degree of
financial independence or acquired work skills. For these reasons,
the Commissioner calls upon the Irish authorities to consider
providing asylum-seekers with temporary work permits, possibly
in the context of the legislative change proposed.
8.4 Family reunification
109. Family reunification in Ireland is primarily governed by
administrative schemes based on the discretion of the Minister
for Justice, Equality and Law Reform. Family reunification for
holders of protection permits, however, is regulated by the
Refugee Act, and for EU-citizens by the European Communities
(Free Movement of Persons No. 2) Regulations 2006. The lack of
provisions regarding groups other than refugees and EU-Citizens
has been criticized by Civil Society representatives for lacking
transparency and for the ad hoc and frequently inconsistent
nature of decisions. Criticism has also been raised regarding the
lack of family reunification opportunities for non-married couples
and same-sex couples as well as of the requirement of foreign
nationals to notify the Minister of an intended marriage.
110. The Commissioner recalls that following the European
Courts case law for Article 6.i of the ECHR, the importance of
accessibility, clarity and foreseeability should not be forgotten. He
is therefore concerned about the lack of statutory regulations
regarding family reunification for groups other than holders of
protection permits and EU citizens and recommends the
introduction of statutory provisions for all groups of people. In
view of the dynamic interpretation of the concept of family life
by the European Court of Human Rights, the Commissioner
encourages the Irish authorities to consider the introduction of
broader provisions allowing family reunification to include less
traditional types of family life. The Commissioner also calls for
taking into account the important principle of the best interests
of the child in any decision relating to family reunification of
children.
111. NGOs have expressed concerns about Irelands transposition
of EU law on the free movement of persons, as regards family
reunification. According to the current Irish law, non-EU nationals
married to EU-nationals residing in Ireland are required to show
evidence of lawful residence in another EU member state prior to
arrival in Ireland before they can receive a residence permit. The
objective of the requirement has been to address pro forma or
sham marriages, but it has also affected a large number of de
facto marriages. This provision and its consistency with EU law
has been challenged in a case pending with the Supreme Court,
with about 120 similar cases being on hold. The European
Commission is examining the matter. Meanwhile, some non-EU
spouses have received letters of intent to remove them from the
country. The Commissioner encourages the Irish authorities to
await the outcome of the pending procedures before removing
the people concerned from the country.
9. Fight against terrorism: extraordinary renditions
112. The term extraordinary rendition describes the kidnapping
of an individual by the agents of a State and the transfer of that
person to a secret prison in another State where s/he can be
tortured or subjected to inhuman or degrading treatment or
punishment and be interrogated and detained indefinitely without
recourse to the courts, to lawyers or to any of the mechanisms
set up to protect the human rights of the individual.95 Ireland was
one of the member states listed in Senator Martys report, of 7
June 2006 for the Parliamentary Assembly of the Council of
Europe (PACE), to have allegedly engaged in passive collusion in
such extraordinary renditions conducted by the United States of
America (US) in their fight against terrorism, by allowing
Shannon airport to be used by US aircraft as a stopover for
refuelling.96
113. Since December 2005, the Irish Human Rights Commission
(IHRC) has called on the Irish Government to seek agreement
from the US authorities to inspect aircraft landing at Shannon
Airport and other Irish airports. However, the Irish authorities
have asserted ever since that they received assurances from the
US administration that prisoners have not been and will not be
transported illegally through Irish territory, and that there is no
evidence to the contrary. In December 2007 the IHRC published
an extensive analysis of the legal situation including
recommendations to the Oireachtas Joint Committee on Foreign
Affairs.97 The report concludes that diplomatic assurances are not
in themselves sufficient to fulfil a States obligations to safeguard
against torture or ill-treatment. It rejects the Irish Governments
position that evidence about suspect aircraft must first be
produced and given to the police, arguing that placing the burden
to gather evidence on private citizens was inadequate. In its
report, the IHRC refers to the numerous international enquiries
and reports being made, such as the January 2007 report of the
European Parliament, the Council of Europes PACE reports and
the investigations by the Secretary General of the Council of
Europe under Article 52 of the ECHR. IHRC finally recommends
that the authorities put in place an effective inspection regime to
ensure that no foreign aircraft which might be suspected of
involvement in the illegal practice of extraordinary rendition may
land and refuel in Ireland.
114. During his visit, the Commissioner discussed the position of
the Irish Government with the Minister for Foreign Affairs,
underlining that the European Convention on Human Rights
contains an absolute prohibition of torture and degrading
treatment and of aiding and abetting it in any form. The mere
suspicion that the government of a country bound by the
Convention could have done so seriously undermines the
credibility and authority of the authorities possibly involved. It is
therefore indispensable, not only for such a government but for
the credibility of the entire human rights protection system, to
actively seek clarification of such suspicions. The Commissioner
notes that in his response to the IHRCs report the Minister for
Foreign Affairs continued to rely on diplomatic assurances while
reiterating that the Irish Government was totally opposed to the
practice of extraordinary renditions.98 The Minister also referred
to several alleged cases of extraordinary rendition which had
been investigated by the police without producing any relevant
evidence. Moreover, the Minister called for a review of the
Chicago Convention governing civil aviation with a view to
considering whether further steps can be taken to provide
adequate safeguards against the possibility of extraordinary
renditions. The Commissioner welcomes the call for a review of
the Chicago Convention and appreciates the efforts of the Irish
Police to investigate alleged renditions. However, recalling
Resolution 1507 (2006) of the Council of Europe Parliamentary
Assembly, the Commissioner calls on the Irish Government to
take effective measures to prevent renditions taking place
through Irish territory and airspace, and to review the current
inspection and monitoring arrangements with a view to ensuring
that effective and independent investigations are carried out into
any serious allegation of extraordinary renditions.
10. Recommendations
The Commissioner, in accordance with Article 3 paragraphs b, c
and e and with article 8 of Resolution (99) 50 of the Committee
of Ministers, recommends that the Irish authorities:
National system for protecting human rights
1. Ratify Protocol No. 12 to the European Convention on Human
Rights and the Convention on Action against Trafficking in Human
Beings.
2. Adjust the legal aid scheme to the extent that it reflects actual
cost of living standards.
3. Review the mandates of the different human rights complaints
bodies with a view to optimising their effectiveness and
independence as well as closing current protection gaps, with
particular reference to the remits of the Ombudsman and the
Ombudsman for Children.
4. Provide comprehensive and comparative information to the
public on the mandates and functions of different complaints
mechanisms.
5. Facilitate the interaction of authorities with civil society
representatives at all levels to ensure that their experience and
expertise can benefit policy formulation and implementation.
6. Conduct a base-line study to assess the extent to which
human rights are integrated into education and training, so that
further needs can be identified and addressed for ensuring that
human rights awareness reaches all walks of society.
7. Develop a national action plan on human rights as an inclusive
process for continuously improving human rights in Ireland.
Childrens rights
8. Implement the National Action Plan for Social Inclusion 2007-
2016 so as to significantly reduce the number of children
experiencing consistent poverty.
9. Use the opportunity of the proposed constitutional amendment
to incorporate the best interests of the child as a general
principle in the Irish Constitution, in line with the UN Convention
on the Rights of the Child.
10. Prohibit corporal punishment of children in a comprehensive
way.
11. Provide for professional care in the accommodation facilities
for separated children and assign a guardian ad litem to each
separated child.
12. Address the increasing demand for choice within the
educational system, in particular with regard to cultural and
religious diversity.
13. Provide adequately resourced separate facilities and services
for minor psychiatric patients, and make early intervention at a
local level possible for such children.
Juvenile justice
14. Ensure full implementation of the Children Act 2001 and its
sentencing principles, for example, by providing guidance and
specific training to the judiciary.
15. Develop further the system of alternative sanctions for
juvenile delinquents and ensure adequate funding for the system
across the country.
16. Review the current system of Anti-Social Behaviour Orders so
that it does not lead to an increased use of detention and ensure
its independent monitoring.
17. Apply the Children Detention School model when the
detention of juvenile offenders is deemed a necessary measure
and discontinue the imprisonment of children in adult facilities.
Non-discrimination and womens rights
18. Review the resource needs of the Equality Tribunal to
minimise its backlog of cases.
19. Clarify the scope of legal abortions through statutory law in
line with domestic jurisprudence and provide for adequate
services for carrying out such abortions in Ireland.
20. Change the law on birth registration in such a way that
transgender persons can obtain a birth certificate reflecting their
actual gender.
21. Provide the National Office for the Prevention of Domestic,
Sexual and Gender-based Violence with adequate resources for
the effective fulfilment of its broad mandate while, in particular,
ensuring effective support for women victims of violence through
services supplied by both state and civil society operators.
Measures against racism and xenophobia
22. Monitor the implementation of the National Action Plan
against Racism and the local anti-racism and diversity plans in
close cooperation with civil society and ethnic and cultural
minority representatives, while preparing new action plans to
succeed the current ones.
23. Improve data collection on racist and xenophobic incidents.
24. Provide for the racist motivation of a crime to be considered
as an aggravating circumstance in Irish criminal law.
Situation of Travellers
25. Work closely with Travellers when preparing, implementing
and monitoring policies and programmes designed for the
Travellers.
26. Promote the participation of Travellers in political decision-
making at local and national level.
27. Ensure that Travellers are effectively protected against
discrimination and racism under national and international law.
Treatment of migrants and asylum-seekers
28. Ensure that the right to remain in Ireland during the
procedure is granted to asylum-seekers who appeal asylum
decisions which raise questions in relation to Article 3 of the
European Convention on Human Rights.
29. Reconsider the provision in the proposed Immigration,
Residence and Protection Bill which would direct costs for so
called frivolous and vexatious proceedings to the legal counsel
of the applicant.
30. Provide family accommodation to families with children
seeking asylum in Ireland.
31. Introduce temporary work permits for asylum-seekers.
32. Introduce statutory provisions regulating family reunification
for all groups of people.
33. Implement the principle of the best interests of the child in
decisions within the field of immigration and refugee law related
to children.
APPENDIX 2
Recommendation 34:
Review the current inspection and monitoring
arrangements in Ireland with a view to ensuring that
effective and independent investigations are carried out
into any serious allegation of extraordinary renditions
The Irish Government has repeatedly stated both domestically
and internationally its total opposition to the practice of
extraordinary rendition. The Commissioners report refers to
''Extraordinary Rendition' A Review of Ireland's Human Rights
Obligations published by the Irish Human Rights Commission
(IHRC) in December 2007. The Taoiseach and the Minister for
Foreign Affairs both responded to the publication of the Review,
setting out the
Government's position in extensive and robust terms.
As was set out in detail in its response to the IHRC Review,
the Irish Government remains confident that, under international
law, it is fully entitled to rely on the categoric and absolute
assurances secured from the United States Government that they
have not engaged in extraordinary rendition though Ireland. The
assurances received are of a clear and categoric nature and
relate to a factual situation over which the US authorities have
full knowledge and control.
Contents
Paragraphs Page
Introduction 1-4 3
I. General information about the reporting state
5-75 3
A. Demographic, economic, social and cultural
characteristics of the State 5-33 3
B. Constitutional, political and legal structure of
the State 34-75 7
II. General framework for the promotion and
protection of human rights 76-163 15
A. Acceptance of international human rights
norms 76-84 15
B. Legal framework for the protection of human
rights at the national level 85-131 17
C. Framework within which human rights are
promoted at the national level 132-159 30
D. Reporting process at the national level
160-162 31
E. Other related human rights information
163 31
III. Information about non-discrimination and equality
and effective remedies 164-261 32
Introduction
1. 1. The Government of Ireland is pleased to present
its Common Core Document, forming part of its reports
under the International Covenant on Civil and Political Rights
(ICCPR), the International Covenant on Economic, Social and
Cultural Rights (ICESCR), the Convention on the Rights of the
Child (CRC), the International Convention on the Elimination
of all Forms of Racial Discrimination (CERD), the Convention
on the Elimination of all Forms of Discrimination Against
Women (CEDAW), and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment
(CAT).
2. 2. In preparing this Common Core Document, Ireland
has followed the harmonised guidelines issued by the Office
of the High Commissioner for Human Rights, revised in June
2009 (HRI/GEN/2/Rev 6). The Common Core Document
includes a broad range of information relevant to all or
several of the treaty bodies and reduces the amount of
duplicated material and the overall length of the reports. The
information provided is correct as of the preparation of this
document, which took place over a period of months in
2013. As a result, the data presented here represent a
snapshot of the situation in Ireland, as distinct from a
comprehensive or fully current account.
3. 3. The Common Core Document was prepared by the
Department of Foreign Affairs and Trade, which is responsible
for coordinating Irelands reports under the International
Covenant on Civil and Political Rights and the International
Covenant on Economic, Social and Cultural Rights. Input has
been received from the Department of Justice and Equality,
which is responsible for drafting Irelands reports under the
Convention on the Elimination of All forms of Discrimination
Against Women and the International Convention on the
Elimination of Racial Discrimination; and the Department for
Child and Youth Affairs, which is responsible for the Reports
under the Convention on the Rights of the Child. Further
input and assistance has been received from the Department
of Education and Skills; the Department of Finance; the
Department of Public Expenditure and Reform; the
Department of Defence; the Department of Environment,
Community and Local Government; Department of the
Taoiseach; Department of Social Protection; and the
Department of Jobs, Enterprise and Innovation, and the
Central Statistics Office.
4. 4. The Government of Ireland recognizes and
appreciates the important role played by non-governmental
organisations (NGOs) in promoting and implementing the
rights set out in the treaties.
I. General information about the reporting state
A. Demographic, economic, social and cultural
characteristics of the State
5. 5. The island of Ireland is situated in the northwest of
the continent of Europe and has a total area of 84,421
square kilometres. The country is historically divided into
four provinces, each roughly equivalent to the four primary
points of the compass, i.e. Ulster (North), Munster (South),
Connacht (West) and Leinster (East). Pursuant to Article 3 of
Bunreacht na hireann (the Constitution of Ireland), the laws
enacted by the Oireachtas (Irish Parliament) apply to 26 of
the 32 counties of the island of Ireland. The remaining north-
eastern counties form part of the United Kingdom of Great
Britain and Northern Ireland. Article 3 further provides that a
united (32 county) Ireland shall be only brought about by
peaceful means with the consent of the people,
democratically expressed, in both jurisdictions in the island.
Pursuant to Article 4 of the Constitution, the name of the
State is ire, or, in the English language, Ireland.
6. 6. In 1921, after a War of Independence, a treaty was
entered into with the United Kingdom, whereby the Irish Free
State (26 counties) seceded from the United Kingdom of
Great Britain and Ireland, while Northern Ireland (6 counties)
remained in the United Kingdom. The adoption of the
Constitution of Ireland in 1937 and the Republic of Ireland
Act 1948 severed Irelands last symbolic links with the
United Kingdom. Ireland does not belong to any military
alliance. Ireland became a member of the United Nations in
1955 and joined the European Communities, now the
European Union, in 1973.
The Economy
7. 7. Following strong growth in the 1990s, the Irish
economy, from 2000 onwards, began to lose competiveness,
resulting in a shifting of growth away from exports towards
more unstable domestic demand sources such as
construction. The resulting construction boom led to the
accumulation of imbalances within the Irish economy, which
left it highly exposed to the Great Recession, the rapid
global downturn of 2008 and 2009.
8. 8. The collapse of global economies, together with
the loss of domestic competitiveness exacerbated by euro
appreciation during the turbulence, had a detrimental impact
on most of the exporting sectors. Housing output, which had
already begun to decline, fell sharply as the demand for
housing waned. A dramatic fall in consumer confidence
resulted in unprecedented decline in personal consumption.
Against this backdrop, real GDP recorded annual
contractions in 2008, 2009 and 2010, resulting in a peak-to-
trough decline of 10.7% (Q4 2007 to Q4 2009), before
returning to 1.4% growth in 2011. This was brought about by
strong export performance resulting from a rapid
improvement in Irelands competitiveness. A second
consecutive year of growth was recorded in 2012, with
preliminary figures from the Central Statistics Office (CSO)
showing growth of 0.9 per cent.
9. 9. Ireland has successfully exited its EU-IMF
programme of financial support. The economy is recovering,
the public finances are under control, the banking system is
restructured and well capitalised and, most importantly, jobs
are being created. Significant challenges remain, and to this
end, in December 2013 the Government launched the
Medium Term Economic Strategy for the period 2014-2020.
10. 10. Unemployment (unadjusted rate) has increased
considerably in the past number of years from 4.1% in the
fourth quarter of 2006 to 13.7% in the corresponding quarter
of 2012, with long term unemployment increasing from 1.3%
to 8.2% over the same period.
Demographic Trends
11. 11. The de facto population of Ireland in 2011 is
4,588,252; a substantial growth over the last decade, with
the total figure increasing by approximately 671, 049 or
17.1% between 2002 and 2011. During the same period, the
number of children aged less than eighteen years grew from
1,013,031 to 1,148,687, an increase of approximately 13.4%.
Although the proportion of the Irish population aged under
eighteen years fell dramatically between 1981 (36.2%) and
2002 (25.9%), it has since remained stable, and by 2011,
children represented 25% of the total population. The youth
dependency ratio (the proportion of those aged from birth to
fourteen years to the total working-age population) was
31.9% in 2011, up from 29.7% in 2006.
12. 12. According to the Central Statistics Office (CSO)
report Measuring Irelands Progress 2011, Irish women had
the highest total period fertility rate in the EU at 2.07 in
2010, up from 1.94 in 2006. The number of births in Ireland
has also increased over the past decade by 29%, rising from
57,854 in 2001 to 74,650 in 2011. Irelands birth rate in
2012 was .8 per 1,000 of the population (based on 2012
provisional registered data). The most recent available data
on maternal mortality rate are from 2010, which registered
one per total live and stillbirths.
13. 13. The population of Ireland is ageing. According to
the CSO publication Older and Younger, the number of
individuals aged sixty-five years and over rose from 467,926
in 2006 to 535,393 in 2011, an increase of 14.4%. Older
people now comprise 11.7% of the population, compared to
11% in 2006. The old dependency rate in 2011 was 17.4%,
compared to 16.1% in 2006.
14. 14. Irelands death rate in 2012 was 6.3 per 1,000 of
the population (based on 2012 provisional registered data).
15. 15. The most recent available figures on life
expectancy in Ireland at age 0 are: 76.8 for males, 81.6 for
females.
16. 16. The population structure of Ireland has also been
affected in recent years by a reversal in migration trends
from a position of positive to negative net migration. In
2006, net migration stood at 71,800 persons, but by 2012
this had changed to minus 34,400 persons. CSO estimates
for 2012 indicate that negative net migration for the working
age population (those between fifteen and sixty-five years)
was 36,600.
17. 17. These demographic trends will place increasing
demands on public supports and services.
18. 18. Between the 2002 and the 2006 Census of
Population, the non-Irish national population increased from
224,261 to 419,733 persons (an 87% increase). Between
the 2006 and 2011 Census of Population, the non-Irish
national population increased from 419,733 to 544,357
persons (a 29.7% increase).
19. 19. From 1991 to 2011 the non-Catholic population
significantly increased, driven by growing numbers with no
religion as well as increases in the religions of immigrants
from Eastern Europe, Africa and Asia. The proportion of the
population who were Catholics continued to decline in 2011,
to reach its lowest point at 84.2% while its congregation, at
3.86 million strong, was the highest since records began.
20. 20. Of the 3.8 million Catholics in Ireland in 2011, 92%
were Irish while the remaining 8% belonged to a range of
nationalities. Among the non-Irish, Poles were the biggest
group with 110,410 persons, followed by the UK with 49,761
and between them they accounted for over half of all non-
Irish Catholics.
Religion Census 2011
Catholic 3,860,000
No religion/atheist/agnostic 277,237
Church of Ireland 129,039
Muslim 49,204
Orthodox Christian 45,223
Presbyterian 24,600
Apostolic & Pentecostal members 14,043
Hindu 10,688
Buddhist 8,703
Methodist 6,842
Jehovahs Witness 6,149
Lutheran 5,683
Evangelical 4,188
Baptist 3,531
Jewish 1,984
21.
22. 21. The total of those with no religion, atheists and
agnostics increased more than four-fold between 1991 and
2011 to stand at 277,237 in 2011. This group included
14,769 primary school aged children and 14,478 of
secondary school age. There were 4,690 children aged under
one year who had no religion.
23. 22. There were 129,039 members of the Church of
Ireland in April 2011, an increase of 6.4 per cent on 2006.
This included 13,667 primary school aged children and 8,809
of secondary school age.
24. 23. There were 49,204 Muslims in Ireland in April
2011, a sharp rise on five years previously. Irelands Muslim
population included 8,322 primary school aged children and
3,582 of secondary school age. Since 1991, the number of
Muslims increased from just 0.1 to 1.1 per cent of the total
population.
25. 24. There were 45,223 Orthodox Christians in Ireland
in April 2011; more than double the number five years
earlier (20,798) and more than four times the number
recorded in 2002 (10,437).
26. 25. The number of Presbyterians in Ireland in April
2011 stood at 24,600, up marginally on 2006 and continuing
a pattern of increasing numbers since 2002 following long
periods of decline up to 1991.
27. 26. The Apostolic and Pentecostal members in Ireland
numbered 8,116 in 2006 and 14,043 in 2011. Over 60%
(8,486) had African ethnicity in 2011 while 18.1 per cent
(2,546) indicated their ethnicity as Any other White
background.
28. 27. Census 2011 shows that there were 10,688 Hindus
in Ireland in 2011, showing a tenfold increase since 1991.
29. 28. The Gross Domestic Product (GDP) growth rate
was 1.4% in 2011, according to the CSO report Measuring
Irelands Progress 2011. The public balance deficit was
13.1% of GDP in 2011, the largest of any EU member state
but a significant improvement on 2010 when it was 31.2%.
Government debt increased substantially to 108.2% of GDP
in 2011, the third highest debt/GDP ratio in the EU, having
been only 24.8% four years previously. Nonetheless, in 2011
Ireland had the fourth highest GDP per capita in the EU at
27% above the EU average, although, based on Gross
National Income (GNI) Ireland was the eleventh highest at
2% above the EU average.
30. 29. Inflation in Ireland (as measured by the
Harmonised Index of Consumer Prices, HICP) over the period
2007-2011 was the lowest in the EU but Ireland had the fifth
highest price levels in the EU in 2011 with prices 17% above
the EU average. The employment rate (for those aged 15-64)
rose from 65.2% in 2002 to 69.2% in 2007, but fell to 59.1%
in 2012, when it was below the EU average.
31. 30. In 2012, 49.2% of the population aged 25-34 had
completed third level education, the third highest rate in the
EU. The proportion of those aged 18-24 who left school with
at most lower secondary education was 9.7% in 2012.
32. 31. Adults in Ireland have an adjusted mean score of
266 on the literacy scale (1-500) compared to the study
average of 270. Literacy proficiency was split into five levels
and adults in Ireland proportioned as follows:
At or below level 1 (1-225) = 17.9%
Level 2 (226-275) = 37.6%
Level 3 (276-325) = 36%
Level 4 (326-375) = 8.1%
Level 5 (376-500) = 0.4%
33. 32. The number of dwelling units built increased
sharply to peak at almost 90,000 in 2006 before collapsing
to 10,480 in 2011, below the level in 1970. Irelands
greenhouse gas emissions were at 110% of 1990 levels in
2010, which was lower than the Kyoto 2008-2012 target (by
three percentage points). Over half of municipal waste
(52.5%) was land filled, higher than the EU average of
37.1%.
34. 33. For a fuller range of statistical materials on
demographic, economic, social, and cultural trends in
Ireland, please refer to the statistical annexes to this
document and further to the material compiled by the CSO
which is publicly available on its website, www.cso.ie.
B. Constitutional, political and legal structure of the
State
The Constitution of Ireland (Bunreacht na
hireann)
35. 34. The Constitution of Ireland (or, in the Irish
language, Bunreacht na hireann) is the basic law of the
State. It was adopted by referendum in 1937 and is the
successor to the 1919 Constitution of Dil ireann (the
House of Representatives) and the 1922 Constitution of the
Irish Free State. It establishes the institutions and apparatus
of the State and provides for the separation of powers into
three branches- executive, legislative and judicial. The
Constitution defines the powers of the President, the
Oireachtas and the Government as well as the structure and
powers of the courts. It states that all legislative, executive
and judicial powers of Government are derived from the
people. The Constitution also guarantees citizens
fundamental rights which have been subjected to rigorous
interpretation and enumeration by the courts.
36. 35. The Constitution of Ireland can be amended only
following the passage of a bill to amend the Constitution by
a simple majority of both Houses of the Oireachtas and the
subsequent approval of the proposal by a majority of those
voting in a referendum. The Constitution has been amended
on twenty-five occasions by means of referendum. The
Constitution provides that the Oireachtas shall not enact any
law which is in any respect repugnant to its provisions. Any
legislation which is enacted and which is found to be
repugnant to the Constitution shall be invalid to the extent of
such inconsistency. Only the High Court and Supreme Court
have jurisdiction to consider the question of the validity of
any law with regard to the provisions of the Constitution.
Judicial review is one mechanism whereby an individual can
challenge the constitutionality of legislation and this remedy
is explained in greater detail below (see paras 88 90).
37. 36. The conclusion of the Good Friday Agreement - an
integral part of the peace process in Northern Ireland
necessitated a constitutional amendment. On 2 December
1999, the British-Irish Agreement (the international
agreement in which the Government pledged itself to give
full effect to the Good Friday Agreement) entered into force,
and the amendments to the Constitution, endorsed by the
people in the referendums of 22 May 1998, took effect. On
the same date, political institutions established under the
Agreement - an Assembly and Executive in Northern Ireland,
a North/South Ministerial Council, a British-Irish Council and a
British-Irish Intergovernmental Conference - came into being.
The amendment to the constitution replaced Articles 2 and
3.1 (dealing with Irish nationality and citizenship rights and
reflecting a new accommodation regarding the special
position of Northern Ireland, based on the principle of
consent). The amended text is as follows:
38. Article 2
39. It is the entitlement and birthright of every person
born in the island of Ireland, which includes its islands and
seas, to be part of the Irish nation. That is also the
entitlement of all persons otherwise qualified in accordance
with law to be citizens of Ireland. Furthermore, the Irish
nation cherishes its special affinity with people of Irish
ancestry living abroad who share its cultural identity and
heritage.
40. Article 3
41. 1. It is the firm will of the Irish nation, in harmony and
friendship, to unite all the people who share the territory of
the island of Ireland, in all the diversity of their identities and
traditions, recognising that a united Ireland shall be brought
about only by peaceful means with the consent of a majority
of the people, democratically expressed, in both jurisdictions
in the island. Until then, the laws enacted by the Parliament
established by this constitution shall have the like area and
extent of application as the laws enacted by the Parliament
that existed immediately before the coming into operation of
this Constitution.
The Government of Ireland
42. 37. Ireland is a sovereign, independent parliamentary
democracy. The national Parliament, the Oireachtas, consists
of the President and two Houses: a House of Representatives
(Dil ireann) and a Senate (Seanad ireann). The functions
and powers of the President, Dil and Seanad derive from
the Constitution of Ireland and law. The Oireachtas may not
enact any law which is in any respect repugnant to the
Constitution.
43. 38. The President is Head of State; the office does not
have executive functions. The President must generally act
on the advice and authority of the Government. On the
nomination of Dil ireann the President appoints the
Taoiseach (Prime Minister) and, on the advice of the
Taoiseach and with the prior approval of Dil ireann, the
President appoints members of the Government.
Government policy and administration may be examined and
criticised in both Houses, but under the Constitution the
Government is responsible to the Dil alone. The President
may not serve more than two terms in office.
44. 39. Dil ireann (House of Representatives) has 166
members called Teachta Dla (T.D.s). Members are
returned by the 43 constituencies into which the State is at
present divided and no constituency may return fewer than
three members. The total number of members of the Dil
may not be fixed at less than one member for each 30,000
of the population or more than one member for each 20,000
of the population. The recently enacted Electoral
(Amendment) (Dil Constituencies) Act 2013 provides for a
reduction in the number of members of the Dil to 158 and
for a reduction in the number of constituencies to 40. The
new arrangements will take effect from the next General
Election. The Electoral (Amendment) (Political Funding) Act
2012 includes a provision that political parties will face a cut
of half their State political funding if they do not have at
least 30% women and 30% men candidates at the next
General Election. This will then rise to 40% after a further 7
years. Payments made to political parties under the Electoral
Acts are linked to performance at a general election.
45. 40. The Government consists of not more than 15
members and not fewer than seven, i.e. Taoiseach (Prime
Minister), Tnaiste (Deputy Prime Minister) and between five
and 13 Ministers. The Taoiseach, Tnaiste and Minister for
Finance must be members of the Dil and the other Ministers
must be members of the Dil or Seanad, with no more than
two being members of the Seanad. The Government acts as
a collective authority and is collectively responsible for the
Departments of State administered by its members. It
generally meets once a week. Discussions at meetings of
the Government are subject to cabinet confidentiality. At the
time of a general election, the Government remains in place
until a new Taoiseach has been appointed.
46. 41. Seanad ireann (Senate) has 60 members. Eleven
are nominated directly to the House by the Taoiseach. 43 are
elected by members of Dil ireann, by outgoing members
of the Seanad, and by county and borough Council members,
from five panels of candidates: the Cultural and Educational
Panel, the Agricultural Panel, the Labour Panel, the Industrial
and Commercial Panel and the Administrative Panel. Each
panel contains the names of persons with knowledge and
practical experience of the interests represented by the
panel. The remaining six are elected by the graduates of
universities - three by the National University of Ireland and
three by the University of Dublin. The powers of the Seanad,
as defined by the Constitution are, in general, less than
those of the Dil. Its powers are complementary to those of
the Dil in broad areas such as the removal from office of a
President or a judge; the declaration and termination of a
state of emergency; the initiation of Bills other than Money
Bills; and the annulment of statutory instruments. Seanad
ireann has no power to initiate Money Bills although it can
make recommendations to Dil ireann in respect of such
Bills.
47. 42. There is a system of Parliamentary Committees in
operation within the Oireachtas. Under standing orders four
committees must be appointed, on Selection, on Public
Accounts, on Procedure and Privileges and on Consolidation
Bills. Other committees may be established by a resolution
of one or both of the Houses of the Oireachtas. They are
empowered to request official papers and to hear evidence
from individuals. Their findings are not binding. The reports
of the Committees are laid before the Oireachtas which
decides what action, if any, is necessary. It is a matter for
the Oireachtas to decide upon the number and range of
Committees which should be established, together with their
terms of reference.
The Electoral System
48. 43. Citizens have the opportunity to take part in the
political process by casting a vote in five decision-making
procedures:
49. a) The election of the President every seven
years, where there is more than one candidate;
50. b) Referenda on proposed constitutional
amendments;
51. c) Elections to local authorities, every five
years;
52. d) Parliamentary elections, which occur under
present legislation at least every five years;
53. e) Elections to the European Parliament, every
five years.
54. 44. The minimum voting age in Ireland is 18 years.
The electoral system in elections to the Dil is proportional
representation by means of the single transferable vote in
multi-seat constituencies. The single transferable vote is also
used for the election of the President, Members of the
European Parliament, Local Authorities, and 49 of the 60
members of the Seanad.
The Civil Service
55. 45. The legal basis for the present Irish system of
public administration is contained in the Irish Constitution
and in the Ministers and Secretaries Act 1924 (The 1924
Act). In accordance with Article 28 of the Constitution
Ministers are in charge of their Departments. The 1924 Act,
and its subsequent amendments, provides a statutory
classification of the functions of Government under the
various Departments of State. Ministers are responsible for
all the actions of their Departments. However, the Supreme
Court of Ireland has confirmed that the Carltona doctrine
applies to the Irish civil service i.e. the official acts of a civil
servant are identified as acts of the Minister of the relevant
department even where no express act of delegation has
taken place. The day-to-day administration of a
Departments functions is overseen by its Secretary General,
who is a civil servant. The Public Service Management Act
1997 (the 1997 Act) gives a statutory framework for the
allocation of authority, responsibility and accountability
within and across Government Departments.
56. 46. The Civil Service is impartial vis--vis political
parties in the performance of its functions and senior and
middle ranking civil servants are precluded from involvement
in party political activity. Recruitment to the Civil Service is
by open public competition administered by an independent
State commission. The Civil Service comprises a number of
grades with different functions. The principal grade
categories are: administrative, responsible for policy
formulation; technical and scientific, providing specialist
advice within the Civil Service; executive, involved in the
implementation of policy; and clerical, responsible for
general duties. At present there are approximately 35,000
people employed in the Civil Service. In addition Ministers
may appoint Special Advisors in accordance with provisions
set out in the 1997 Act.
Local government
57. 47. Local government is administered by 114 local
authorities funded through a combination of State grants,
commercial rates, charges for goods and services and by a
local tax on residential properties. Local authorities are
multi-purpose bodies responsible for an extensive range of
services including land use (zoning) and development, fire
safety and fire and emergency services, the provision of
public housing, road maintenance, supports for local
economic and community development, libraries, and
certain other services.
58. 48. The Local Government Reform Act 2014 provides
for a wide-ranging programme of local government reform
involving action to strengthen and improve the structures,
functions, resources, operations and governance of the local
system.
59. 49. The programme has a particular focus on
strengthening structures at regional, county and sub-county
levels; expanding the role of local government; maximising
operational and organisational efficiency; improving
governance, oversight, local political and executive
leadership; leading economic, social and community
development; and representing citizens and local
communities effectively and accountably. The number of
local authorities will be reduced to 31 (i.e. County and City
Councils) following local elections to be held in May 2014,
with each county configured into Municipal Districts based
around principal towns and their hinterlands. There will be a
single county wide executive or operational structure with
resources at the disposal of both county and district levels
and a significant range of functions will be performed by
elected members at district level, with strategic matters
dealt with at county level. Regional structures are being
rationalised from eight Regional Authorities and two Regional
Assemblies currently, with their key role being strategic
planning and oversight.
60. 50. Reform proposals include a significantly increased
role for local government in local and community
development programmes in the context of alignment of the
local development sector with the local government sector.
Such an enhanced role for oversight by local government in
this area is consistent with its objective of promoting the
well-being and quality of life of citizens and communities.
Local government will be positioned to work with local
entities and communities, as well as with the structures of
central government, to bring greater coherence, efficiency,
effectiveness and better governance to local development
programmes and activities.
The Administration of Justice
An Garda Sochna (National Police Force)
61. 51. Ireland has a single national police service, An
Garda Sochna. Currently the strength of An Garda Sochna
is 13,330. In addition there are 1087 Garda Reserves
operational with a further 173 in training.
62. 52. Policing levels are determined by a number of
variables including demographics, policing plans/models, the
needs of the service and the security of the State. As such
the minimum numbers required in future years will remain
an indeterminate variable. Garda personnel assigned
throughout the Country, together with overall policing
arrangements and operational strategy, are continually
monitored and reviewed. Such monitoring ensures that
optimum use is made of Garda resources, and the best
possible Garda service is provided to the general public. An
Garda Sochna has responsibility for Policing and State
Security. This responsibility is contained under section 7 of
the Garda Sochna Act 2005 as one (1) of the functional
objectives of An Garda Sochna.
63. 53. An Garda Sochna is established by legislation
and its internal management is subject to Regulations made
by the Minister for Justice and Equality. An Garda Sochna
has operational independence subject to the general
financial and regulatory framework established by the
Minister.
64. 54. Section 7 of the Garda Sochna Act sets out the
functional objectives of An Garda Sochna as:
preserving peace and public order;
protecting life and property;
vindicating the human rights of each individual;
protecting the security of the State;
preventing crime;
bringing criminals to justice, including by detecting and
investigating crime;
regulating and controlling road traffic and improving
road safety; and
other functions conferred by law including those
relating to immigration.
65. 55. All senior officers, including the Commissioner, are
appointed by the Government. The democratic
accountability of An Garda Sochna has been strengthened
by the provisions of the Garda Sochna Act 2005. The Garda
Commissioners Strategy Statements and Annual Policing
Plans are subject to the approval of the Minister. The
Commissioner must report to the Minister as required. The
Minister is in turn politically accountable to Dil ireann for
An Garda Sochna.
66. 56. Provision has also been made for local
accountability of An Garda Sochna through Joint Policing
Committees, which have been established in each local
authority area under the provisions of the Garda Sochna
Act 2005. The Committees provide a forum for consultation
and cooperation between An Garda Sochna, the local
authority, elected representatives for the area and other
community representatives in relation to local policing
issues. The Committees can make recommendations on
matters concerning the policing of areas, including measures
to address the levels and patterns of anti-social behaviour.
67. 57. The powers of the police are set out in statute and
all their actions are subject to review by an active and
constitutionally independent judiciary. There is also an
independent police complaints authority, the Garda Sochna
Ombudsman Commission (see para 110).
68. 58. The authority to prosecute a person for a criminal
offence rests with an independent officer, the Director of
Public Prosecutions (see para 65).
69. 59. Incidents of racially motivated crime are recorded
by An Garda Sochna and are classified as such after
investigation. In 2009, there were 128 recorded offences,
127 in 2010, 142 in 2011 and 97 in 2012. Of the 97 recorded
offences in 2012, 24 were Assault (Minor), 16 were Criminal
Damages (not Arson) and 30 were Public Order Offences.
There were 11 prosecutions under the Prohibition of
incitement to Hatred Act 1989 in 2012.
70. 60. In 2012, there were 1,168 male suspected
offenders for assault causing harm, and 147 female
suspected offenders. For burglary, there were 3,388
suspected male offenders and 178 suspected female. For
public order offences, there were 23,604 suspected male
offenders and 3,580 suspected female.
71. 61. In 2012, for assault causing harm, there were
1,489 male victims and 374 female victims. For burglary,
there were 12,426 male victims and 9,013 reported female
victims.
72. 62. According to the Irish Prison Service Annual
Report, in 2012 there were 12,991 committals to prison
under sentence. 8,837 of those committed were for less than
3 months, and 1,734 were for sentences of 3-6 months. 8.6%
of those committed were aged 18-21 years and 70% were
aged between 21 and 40 years of age.
73. 63. On 30 November 2012, there were 3,710 prisons
currently in custody under sentence. Of these, males
comprised 3,588 and females 122. Of these prisoners, 305
were serving sentences of life, while an additional 290 were
serving sentences of 10+ years. The largest offence group
for those in custody was Group 10 Controlled Drug Offences.
74. 64. Further information on crime figures in Ireland and
other statistical indicators can be found in Appendix I.
The Irish Legal System
75. 65. Ireland has a common law legal system. The
Constitution of Ireland is the basic law of the State and it
takes precedence over other inferior sources of law.
Therefore a common law or legislative provision which
conflicts with a provision of the Constitution is void and will
have no legal effect. Other important sources of law include
European Union law, which operates at a supra-
Constitutional level, and legislation enacted by the
Oireachtas. Further, since Ireland has a common law legal
system, judge-made law is an important source of law: under
the doctrine of precedent, or stare decisis, a court is
expected to follow previous judgments, particularly those of
higher courts, although this rule may be deviated from in
certain circumstances.
The Court System
76. 66. The Courts are structured on four levels: the
District Court, the Circuit Court, the High Court and the
Supreme Court. The latter two are referred to as the Superior
Courts and may rule on constitutional matters. There is also
a Court of Criminal Appeal.
77. 67. In addition to the Courts structure outlined in the
preceding paragraph, there is a Special Criminal Court,
established in 1972, which sits without a jury. The
Government is satisfied that there is a continuing need for
this Court to deal with a range of offences arising from
terrorism and organised crime. This need is kept under
continuing review.
78. 68. On 4 October 2013, a proposal to amend the
Constitution in order to establish a Court of Appeal was
approved by the Irish electorate in a referendum.
Implementation legislation will need to be passed by the
Oireachtas before the new court can be established. That
legislation is under development as of the date of the
submission of this document. The Court of Appeal will
operate at a level between the current High Court and
Supreme Court. It will hear most of the appeals which are
currently heard by the Supreme Court, virtually all appeals
from decisions of the High Court, and appeals from other
courts if laws are passed to provide for this. In general, the
decision of the Court of Appeal will be final. In cases where
the Supreme Court is satisfied that a decision involves a
matter of general public importance or where the interests of
justice so require, there may be a further appeal from the
Court of Appeal to the Supreme Court, and there may be
some direct appeals from the High Court to the Supreme
Court where there are exceptional circumstances warranting
such direct appeals.
The Judiciary
79. 69. Judges in Ireland are independent both of the
executive and the legislature and this independence is given
full protection by the Constitution. Judges are appointed by
the President on the advice of the Government, which makes
its decisions with reference to recommendations from the
Judicial Appointments Advisory Board. Article 35.2 of the
Constitution provides that all judges shall be independent in
the exercise of their functions and subject only to the
Constitution and the law. They may not be members of the
Oireachtas or hold any other office or position of emolument
(Art. 35.3). They may not be removed from office except for
stated misbehaviour or incapacity and then only upon
resolutions passed by both Houses of the Oireachtas calling
for their removal (Art. 35.4). This power has yet to be
exercised. With the exception of the power of the Oireachtas
to remove a judge, questions of discipline in relation to
judges are regulated by the judiciary. The current
Programme for Government contains a commitment to
legislate for the establishment of a Judicial Council and it is
intended to publish the Bill in 2014. In November 2011 the
Judiciary established an Interim Judicial Council pending the
publication and enactment of the proposed legislation.
The Office of the Director of Public Prosecutions
(DPP)
80. 70. The Office of the Director of Public Prosecutions
was established by the Prosecution of Offences Act 1974,
which conferred on the Director all functions capable of
being performed in relation to the criminal matters by the
Attorney General immediately before the passing of the Act.
The principal of such function is the power to prosecute
criminal offences. The Director is independent in the
performance of his/her functions. Only the Director may
prosecute indictable offences, but summary offences may
also be prosecuted by relevant Ministers, other prosecution
agencies and by individuals acting as common informers.
As part of his/her function in ensuring the proper conduct of
criminal prosecutions the Director has the responsibility for
the nomination and instruction of Counsel. The Office also
determines and discharges the fees of Counsel who are
instructed to act on behalf of the Director.
Average backlog of cases per judge at different
levels of the judicial system
81. 71. Waiting times in the Circuit and District Courts
vary from venue to venue based on the number and
complexity of cases. The Presidents of the various courts are
determined to achieve improvements in waiting times and
they are working with the Courts Service to target judicial
resources at the areas with longest waiting times.
82. 72. The President of the High Court keeps waiting
times under continuous review and has introduced a number
of initiatives such as reorganising sittings of the High Court
outside Dublin and arranging for additional court sittings
during court recesses to reduce waiting times. In addition,
the delegation to court officials of administrative functions
previously dealt with by High Court judges has increased
judicial availability for trial work. These initiatives continue to
be reviewed and expanded. Despite significant pressure, the
waiting times in the High Court lists have generally reduced
considerably.
83. 73. The Supreme Court, however, continues to
experience lengthy waiting times which are now in excess of
four years. Waiting times for priority cases are 9-12 months
at present. The Government has also recently approved the
appointment of two additional Supreme Court judges as an
interim measure to tackle the backlogs in the Supreme Court
and the Court of Criminal Appeal. The establishment of the
Court of Appeal is expected to significantly reduce the at-
present long delays in having appeals heard by the Supreme
Court.
84. 74. The Criminal Justice (Legal Aid) Act 1962 and a
series of regulations made there under provides that an
applicant for criminal legal aid must establish to the
satisfaction of the court that his/her means are insufficient to
enable to pay for legal representation him/herself. The Court
must also be satisfied that, by reason of the gravity of the
charge or exceptional circumstances, it is essential in the
interests of justice that the applicant should have legal aid.
The constitutional right to legal aid was established in 1976
in the State (Healy) v. Donoghue case. In addition, Article
6(3) (c) of the European Convention on Human Rights
provides that every person charged with a criminal offence is
entitled to defend him/herself in person or through legal
assistance of his/her own choosing or, if he/she has
insufficient means to pay for legal assistance, to be given it
free when the interests of justice so require. The grant of
legal aid entitles the applicant to the services of a solicitor
and, in certain circumstances, up to two counsel, in the
preparation and conduct of his/her defence or appeal. The
Courts, through the judiciary, are responsible for the
granting of legal aid.
85. 75. The Legal Aid Board was established to administer
a scheme of civil legal advice and aid to persons of modest
means in Ireland. The scheme of Civil Legal Aid and Advice
was introduced in 1979 following the judgement of the
European Court of Human Rights in the case of Airey v.
Ireland and the recommendations made by the Pringle
Committee which had been set up by the Minister for Justice
to advise him on the introduction of such a Scheme. It
operated on an administrative basis until the introduction of
the Civil Legal Aid Act 1995. The primary model of service
delivery is the law centre model though it is complemented
by the use of private solicitors for certain matters. Most civil
matters come within the scope of the scheme and there are
relatively few exclusions. While the Legal Aid Board is
responsible for administering most civil law matters it does
not administer the scheme of legal aid for representation
before Mental Health Tribunals. This scheme is administered
by the Mental Health Commission. Legal aid for criminal
matters is provided under the Criminal Justice (Legal Aid)
Act, 1962. The main criminal legal aid scheme is currently
administered by the Department of Justice and Equality
though responsibility is due to transfer to the Legal Aid
Board.
II. General framework for the
promotion and protection of human rights
A. Acceptance of international human rights norms
86. 76. Ireland has signed and ratified most of the core
United Nations human rights conventions. The table below
outlines the signature and ratification of the major United
Nations human rights treaties.
Signed Ratified Reservations/ Declarations Reports
International Covenant on Civil and Political Rights
1 October 1973 8 December 1989 Reservations:
Article 10, para. 2; Article 20, para. 1. First report: 1992;
Second report: 1998;
Third report: 2007;
Fourth report: 2012.
Optional Protocol to the International Covenant on Civil and
Political Rights
8 December 1989. Reservation: Article 5, para. 2 N/A
Second Optional Protocol to the International Covenant on
Civil and Political Rights, aiming at the abolition of the Death
Penalty
18 June 1993 None. N/A
International Covenant on Economic, Social and Cultural
Rights
1 October 1973 8 December 1989 Reservations:
Article 2, para. 2
Article 13, para. 2 (a) First report:
Second report: 2000
Third report: 2012
Convention on the Elimination of All Forms of Discrimination
Against Women
23 December 1985 Reservations:
Article 11 (1); Article 13 (a); Article 16, 1 (d) and (f). First
report: 1987;
Combined second and third report: 1997; Combined fourth
and fifth report 2005.
Optional Protocol to the Convention on the Elimination of
Discrimination Against Women
7 September 2000 7 September 2000 None N/A
International Convention on the Elimination of All Forms of
Racial Discrimination
21 March 1968 29 December 2000 Reservation:
Article 4 Combined first and second report: 2004;
Combined third and fourth report: 2009.
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
28 September 1992 11 April 2002 Declarations:
Article 21;
Article 22. First report: 2009
International Convention on the Rights of the Child
30 September 1990 28 September 1992 None. First
report: 1996;
Second report: 2005;
Combined third and fourth reports: 2013.
Optional Protocol to the CRC on the involvement of children
in armed conflict
7 September 2000 18 November 2002 Declaration:
Article 3, paragraph 2 First report: 2006.
87.
88. 77. Ireland has not signed or ratified the Convention
on the Rights of Migrant Workers and their Families.
Nevertheless, the rights of migrant workers and their
families are extensively protected under existing Irish
legislation and under the Irish Constitution, as well as EU law.
In addition, the rights of migrant workers and their families
are addressed by Irelands commitments under the
international human rights instruments to which the State is
a party. These international instruments included the
International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural
Rights.
89. 78. At present, there are no plans to sign or ratify the
Convention. However as with all outstanding ratifications of
international human rights instruments, the position
regarding the International Convention on the Protection of
the Rights of all Migrant Workers and Members of their
Families will be kept under review.
90. 79. Ireland was in the first group of countries to sign
the Convention on the Rights of Persons with Disabilities
when it opened for signature on 30 March 2007. It is the
Government of Irelands intention to ratify the Convention as
quickly as possible, taking in to account the need to ensure
that all necessary legislative and administrative
requirements under the Convention are being met. The
ongoing implementation of our National Disability Strategy in
many respects comprehends many of the provisions of the
Convention. In addition, an inter-departmental committee
has been established to monitor the remaining legislative
and administrative actions required to enable ratification.
91. 80. Ireland signed the International Convention for the
Protection of All Persons from Enforced Disappearances
(ICED) on 29 March 2007. Ireland intends to ratify the ICED
as soon as practicable; it is likely that legislation will be
required in advance of progression to ratification. The
position in this regard is currently under examination. Any
necessary legislation will be advanced as legislative
priorities generally permit.
92. 81. The Irish Government has a policy of keeping
existing reservations to human rights treaties actively under
review, consistent with the Vienna Declaration and Program
of Action. At present all of the reservations under these
articles are considered necessary.
93. 82. On 17 May 2011, the Government approved the
preparation of legislation to ratify the Optional Protocol to
the UN Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment. Work is continuing
on the preparation of a legislative scheme, with a view to
ratification as soon as possible after enactment.
94. 83. Ireland signed the Optional Protocol to the
International Covenant on Economic, Social and Cultural
Rights on 23 March 2012. The question of ratification of the
Optional Protocol is under consideration by the Government.
95. 84. Ireland has issued a standing invitation to all UN
human rights special procedures. Ireland was visited by the
Independent Expert on Human Rights and Extreme Poverty
in January 2011. Ireland was visited by the Special
Rapporteur on the situation of Human Rights Defenders in
November 2012.
B. Legal framework for the protection of human
rights at the national level
Constitutional Protection Specified Rights
96. 85. A large number of rights are specifically provided
for in the Constitution. They are principally, although not
exclusively, to be found in Articles 40-44, under the heading
Fundamental Rights. These include: (a) equality before the
law (Art. 40.1); (b) the right to life (Arts. 40.3.2 and 3); (c)
the right to protection of ones person (Art. 40.3.2); (d) the
right to ones good name (Art. 40.3.2); (e) property rights,
including the right to own, transfer, bequeath and inherit
property (Art. 40.3.2 in conjunction with Art. 43); (f) personal
liberty (Art. 40.4); (g) the inviolability of the dwelling (Art.
40.5); (h) freedom of expression (Art. 40.6.1 (i)); (i) freedom
of assembly (Art. 40.6.1 (ii)); (j) freedom of association (Art.
40.6.1 (iii)); (k) family rights (Art. 41); (l) the right of parents
to provide for childrens education (Art. 42.1); (m) the right
of children to receive a certain minimum education (Art.
42.3.2); (n) freedom of conscience and the free profession
and practice of religion (Art.44); (o) the right to vote (Arts.
12.2.2, 16.1 and 47.3); (p) the right to seek election (Arts.
12.4.1 and 16.1); (q) the right to have votes treated as being
of equal weight (Art. 16); (r) the right to have justice
administered in public by judges who are independent (Arts.
34 and 35); (s) the right to criminal trial in Courts of law (Art.
38.1); (t) the right to trial by jury (Art. 38.5); and (u) the
right not to have ones acts retrospectively declared to be
unlawful (Art. 15.5.1).
97. 86. The Government of Ireland held a referendum on
the rights of the child in the Constitution on 10th November
2012. The majority of voters voted in favour of inserting an
article into the Constitution dealing directly with the rights of
the child. A challenge to the referendum result is before the
Courts. The matter of referring the Referendum Bill to the
President for signing into law, and to give effect to the
Constitutional changes concerned, must await determination
by the Courts of the legal challenge made.
Constitutional Protection Unspecified Rights
98. 87. The Constitution addresses the issue of personal
rights and states: ]
99. Article 40.3.1
100. The State guarantees in its laws to respect, and, as
far as practicable, by its laws to defend and vindicate the
personal rights of the citizen
101. Article 40.3.2
102. The State shall, in particular, by its laws protect as
best it may from unjust attack and, in the case of injustice
done, vindicate the life, person, good name, and property
rights of every citizen
103. 88. In interpreting the provisions of the Constitution,
the Courts have identified a number of rights which,
although not expressly referred to in the Constitution, are
nonetheless provided for by it. The most notable of these
unspecified constitutional rights are: (a) the right to bodily
integrity; (b) the right to travel within the State; (c) the right
to travel outside the State; (d) the right not to have health
endangered by the State and freedom from torture and from
inhuman or degrading treatment or punishment; (e) the right
to litigate and have access to the Courts; (f) the right to legal
counsel; (g) the right to communicate; (h) the right to marry;
(i) the right to marital privacy; (j) the right to procreate; (k)
the rights of an unmarried mother concerning her child; (l)
the rights of a child; (m) the right to legal representation in
certain criminal cases; and (n) the right to fair procedure.
Constitutionality
104. 89. Under Article 34 of the Constitution, both the High
Court and the Supreme Court have the power to assess and
determine the validity of any law in terms of its
constitutionality.
105. 90. In the event that a Court concludes that a
particular law is unconstitutional, that law ceases to have
any legal validity ab initio.
Constitutional Reform
106. 91. The Government, which came to power on 9 March
2011, has convened a Constitutional Convention to consider
the need for comprehensive constitutional reform. The
Convention on the Constitution was established by
Resolutions of both Houses of the Oireachtas and its
inaugural meeting took place on 1 December 2012. By mid
April 2013, the Convention has considered five of the
matters listed in the Resolutions approving its establishment:
reducing the Presidential term of office to five years, and
aligning it with local and European elections; reducing the
voting age to 17 years; amending the clause in Article 41.2
on the role of women in the home; encouraging greater
participation of women in public life and increasing the
participation of women in politics; and changing the
Constitution to allow for civil marriage for same-sex couples.
The Convention has finalised its report and
recommendations on the first two items above and laid the
report before the Houses. Under the resolutions passed by
the houses, the government has four months in which to
respond to recommendations in the Conventions reports,
including whether to hold referendum(s).
Evidence
107. 92. The general rule in Ireland is that evidence
obtained as a result of a deliberate breach of a persons
constitutional rights is inadmissible.
Judicial Review
108. 93. Judicial review is a remedy which lies against
persons or bodies exercising public functions (including the
lower courts) to restrain them from acting contrary to law or
to compel them to act in accordance with law and to comply
with basic rules of natural justice and fair procedures. It
comprehends the old common law remedies of certiorari,
mandamus and prohibition. The modern system of judicial
review is an expeditious means by which an order may be
sought to set aside a decision or action of such a body, or to
compel it to act or prevent it from acting contrary to law.
109. 94. As has already been explained, a person seeking
to challenge the constitutionality of legislation may do so by
way of judicial review. The judicial review procedure is not,
however, confined to cases where constitutional irregularity
is involved. While an Act of the Oireachtas may be found
invalid only for constitutional irregularity, subordinate
legislation may also be set aside where the powers conferred
by the enabling legislation are exceeded, i.e. on the grounds
that the subordinate legislation is ultra vires the enabling
Act. Furthermore, the decisions of state bodies and other
bodies exercising public functions may be challenged by way
of judicial review. Such bodies are obliged to act within their
powers and to comply with the basic rules of natural justice
and fair procedures. Any failure to do so may be challenged
by way of judicial review on grounds of, inter alia,
unlawfulness, procedural irregularity and/or breaches of fair
procedure and natural justice.
110. 95. The following remedies exist in Irish law for
breaches of human rights protected by the Constitution of
Ireland: judicial review of legislation, or proposed legislation,
for constitutional infirmity, where the legislation is, or would
involve, the breach of a constitutionally protected right;
judicial review of delegated legislation for constitutional
infirmity or incompatibility with the statutory provision which
authorises the delegated legislation; judicial review of
administrative action for constitutional infirmity or other non-
compliance with law, including a failure to observe the rules
of natural justice; with regard to the European Convention on
Human Rights Act 2003, where it is not possible to interpret
the statute, statutory instrument, rule of common law etc.,
concerned in a manner which is compatible with the
Convention, provision is made in Section 5 of the Act for the
Superior courts to make a Declaration of Incompatibility
which will be laid before both Houses of the Oireachtas.
Provision is also made in Section 5 (4) for a system of ex
gratia compensation from the State in circumstances where
the party to the proceedings concerned makes an
application in writing to the Attorney General, in respect of
an injury, or loss, or damage suffered by him or her as a
result of the incompatibility concerned.
111. Legislation, conventions and treaties
112. 96. Article 29.3 of the Constitution states that,
Ireland accepts the generally recognised principles of
international law as its rule of conduct in its relations with
other States. These principles include international human
rights law insofar as it forms part of customary international
law. Ireland has a dualist system under which international
agreements to which Ireland becomes a party do not
become part of domestic law unless so determined by the
Oireachtas through legislation.
113. 97. Ireland is party to human rights treaties adopted
under the auspices of the Council of Europe, including the
European Convention on Human Rights. Further effect was
given to the Convention in domestic law by way of the
European Convention on Human Rights Act 2003. The Act
provides for rights under the Convention to be pleaded
directly before Irish Courts and tribunals.
114. 98. As a State party to the European Convention on
Human Rights, Ireland is obliged to abide by the judgments
of the Court in cases to which it is party. Judgments against
Ireland have, in a number of cases, required the payment of
just satisfaction to applicants as ordered by the Courts.
Under the supervision of the Committee of Ministers of the
Council of Europe, the Government will continue to take all
necessary steps for the execution of the Courts judgments.
115. 99. As a Member State of the European Union, Ireland
is bound by the Charter of Fundamental Rights of the
European Union. The Charter recognises specific rights,
freedoms and principles (economic and social as well as civil
and political), to which EU citizens are entitled when the
institutions of the Union and the Member States are
implementing Union law. In December 2009, with the entry
into force of the treaty of Lisbon, the Charter was given
binding legal effect equal to that of the EU Treaties.
Institutions and national machinery
116. 100. The Government recognises the importance of
independent complaints, monitoring and inspection bodies
and has established the following such bodies:
The Human Rights Commission and the Equality
Authority
117. 101. The Human Rights Commission was established in
July 2001 as a direct result of the Good Friday Agreement.
The Commission is an independent body, recognised as
operating in line with the Paris Principles, charged with
promoting and protecting human rights for all people within
the State. It is empowered to make recommendations to
Government, including on legislative proposals, and may
also conduct inquiries.
118. 102. The Equality Authority works towards the
elimination of discrimination and promotion of equality of
opportunity in the areas to which equality legislation apply.
Its functions also include provision of information to the
public about equality legislation, keeping such legislation
under review and making proposals for its amendment. The
Equality Authority is the designated national equality body
for the purposes of EU anti-discrimination law.
The Equality Tribunal
119. 103. The Equality Tribunal (formerly the Office of the
Director of Equality Investigations) provides a quasi-judicial
forum to mediate, investigate and hear complaints of
unlawful discrimination under equality legislation. It is a
statutory body which operates in accordance with the
principles of natural justice and its core values are
impartiality and professionalism, accessibility and timeliness.
120. 104. Under Government proposals, announced in 2011,
to reform the infrastructure for asserting employment rights
and for seeking redress in cases of discrimination, the
existing employment rights and industrial relations bodies
are being merged to form a unified Workplace Relations
Commission. The new body will take on the functions of the
Equality Tribunal, the Labour Relations Commission, the
National Employment Rights Authority, the Employment
Appeals Tribunal and some of the functions of the Labour
Court. The preparation of legislation to give effect to this
decision is at an advanced stage.
121. 105. Under Government proposals, announced in 2011,
to reform the infrastructure for asserting employment rights
and for seeking redress in cases of discrimination, the
existing employment rights and industrial relations bodies
are being merged. A new two-tier Workplace Relations
structure will be established comprising two statutorily
independent bodies replacing the current five. There will be
a new single body of first instance to be called the Workplace
Relations Commission and a separate appeals body, which
will effectively be an expanded Labour Court. The
preparation of legislation to give effect to this decision is at
an advanced stage and it will provide for the services of the
Equality Tribunal, the National Employment Rights Authority,
the Labour Relations Commission and the first instance
functions of the Employment Appeals Tribunal (EAT) to come
together under the remit of the Workplace Relations
Commission. The appellate functions of the EAT will be
amalgamated into a reconfigured Labour Court.
122. 106. The jurisdiction of the Equality Tribunal is wide-
ranging. Its principal role is the investigation and mediation
of complaints of discrimination in relation to employment
and in relation to access to goods and services, disposal of
property and certain aspects of education. This protection
against discrimination applies to all nine grounds on which
discrimination is prohibited under the equality legislation.
Where a complaint of discrimination is upheld, redress may
be awarded. The Tribunal may also investigate complaints of
discrimination on the same grounds under Part VII of the
Pensions Act 1990, where there has been failure to comply
with the principle of equal treatment in relation to
occupational benefit schemes. The Tribunal has jurisdiction
in all areas covered by the equality legislation with the
exception of service in licensed premises, where claims
should be referred to the District Court.
Irish Human Rights and Equality Commission
123. 107. Government proposals to establish a new Irish
Human Rights and Equality Commission were announced in
2011. The existing Human Rights Commission and the
Equality Authority will merge into the new body in order to
enhance the protection of human rights and the promotion of
equality. The Commission will have enhanced powers and be
accountable to Parliament. The preparation of legislation to
give effect to this decision is at an advanced stage. Pending
establishment of the new Irish Human Rights and Equality
Commission, the Human Rights Commission and the Equality
Authority continue in operation. Commissioners-designate,
selected through an open procedure independent of
Government, have been appointed initially to these bodies to
ensure that the two organisations can begin operating as a
cohesive whole.
National Employment Rights Authority
124. 108. The National Employment Rights Authority (NERA)
was established on an interim basis in February 2007 in
order to secure enhanced compliance with legal
requirements, underpinned by adequate enforcement and to
greatly enhance public confidence in the system of
compliance. NERA aims to achieve voluntary compliance
with employment law through the provision of education and
awareness, inspection of employers employment records
and enforcement where necessary.
Health Service Executive
125. 109. Statutory responsibility for the provision of health
services is vested in the Health Service Executive under the
Health Act, 2004 which provides that the Health Service
Executive has the responsibility to manage and deliver, or
arrange to be delivered on its behalf, health and personal
social services. Prior to the establishment of the Health
Service Executive, responsibility for such services was
vested in the regional health boards under the Health Act,
1970 and the Eastern Regional Health Authority under the
Health (ERHA) Act, 1999.
Child and Family Agency
126. 110. Statutory responsibility for the provision of
specified child and family services is vested in the Child and
Family Agency under the Child and Family Agency Act, 2013
which provides that the Agency has responsibility, inter alia,
to manage and deliver or arrange to have delivered on its
behalf, services to support and promote the development,
welfare and protection of children; to support and encourage
the effective functioning of families; and to support the
promotion of school attendance, participation and retention.
The Agency also supervises and inspects early years
services n respect of pre-school and school age childcare
provided by the community/voluntary and commercial
sectors.
Health and Safety Authority
127. 111. The Health and Safety Authority is the national
statutory body with responsibility for enforcing occupational
safety and health law, promoting and encouraging accident
prevention, and providing information and advice to all
companies, organisations and individuals. The Authority is
also the national Competent Authority for REACH
(Registration, Evaluation, Authorisation and Restriction of
Chemicals) and other chemicals legislation. The Authority
deals with every size of workplace in every economic sector.
National Disability Authority
128. 112. The National Disability Authority provides expert
advice on disability policy and practice to the Minister for
Justice and Equality. Public sector organisations are obliged
to promote and support the employment of people with
disabilities, and achieve a statutory minimum 3% target of
staff with disabilities. The Authority monitors compliance by
public bodies and can recommend specific action where a
public body is in breach of these obligations.
Mental Health (Criminal Law) Review Board
129. 113. The Mental Health (Criminal Law) Review Board
was established under the Criminal Law (Insanity) Act 2006,
as amended by the Criminal Law (Insanity) Act 2010. The
function of the Board is to review the detention of persons
detained in designated centres who have been refereed
there by a Court having been found unfit to stand trial or not
guilty of an offence by reason of insanity. The Board also
reviews the detention of persons who are transferred to a
designated centre from prison for care or treatment.
Currently the only designated centre in the State is the
Central Mental Hospital.
Ombudsman, Information Commissioner and
Commissioner for Environmental Information
130. 114. The legislation setting up the Ombudsman dates
back to 1980 providing for the examination of complaints
concerning the administrative actions of Government
Departments, the Health Service Executive, public hospitals
and local authorities. The Ombudsman (Amendment) Act
2012 strengthens the Ombudsmans powers and extends the
Act to at least another 150 public bodies including, for
example, all third level institutions. The Ombudsman plays a
critical role in vindicating the rights of citizens in their
dealings with public bodies.
131. 115. While they are in law separate entities, the Offices
of the Ombudsman and the Information Commissioner have
been held by the same person and the two offices have
operated together since the Office of Information
Commissioner was established in 1997. The function of
Commissioner for Environmental Information was also added
to the role in 2007 as part of Irelands implementation of the
Aarhus Convention. The Commissioner is responsible for
reviewing (on application) decisions of public bodies in
relation to Freedom of Information and Access to Information
on the Environment requests and, where necessary, making
binding new decisions; reviewing the operation of the
Freedom of Information Acts to ensure that public bodies
comply with the provisions of the legislation; and preparing
and publishing commentaries on the practical operation of
the Acts. The Commissioner for Environmental Information
may also refer any question of law arising in an appeal under
that code to the High Court for determination.
Ombudsman for the Defence Forces
132. 116. Established under the Ombudsman (Defence
Forces) Act 2004, the Office provides a complaints procedure
for members and former members of the Defence Forces in
situations where internal complaints procedures have been
exhausted.
Garda Sochna Ombudsman Commission
133. 117. The independent police complaints authority, the
Garda Sochna Ombudsman Commission, is empowered to
directly and independently investigate complaints against
members of An Garda Sochna, or any matter where it
appears that a Garda may have committed an offence or
behaved in a manner that would justify disciplinary
proceedings.
Ombudsman for Children
134. 118. The main areas of work of the Ombudsman for
Children's Office include independent handling of complaints
by young people or by adults on young peoples behalf;
communication and participation, including supporting
people in finding out about childrens and young peoples
rights; and research and policy, including advising the
Government on childrens rights issues.
Data Protection Commissioner
135. 119. The Commissioner is responsible for upholding
the rights of individuals as set out in the Data Protection
legislation and enforcing the obligations of data controllers.
The Commissioner is independent in the exercise of his or
her functions. Individuals who feel their rights are being
infringed can complain to the Commissioner.
Press Ombudsman and Council
136. 120. The Press Council of Ireland and the Office of the
Press Ombudsman safeguard and promote professional and
ethical standards in Irish newspapers and magazines. The
Office of the Press Ombudsman ensures that everybody now
has access to an independent press complaints mechanism
that is quick, fair and free. These structures are designed to
ensure that the freedom of the press is never abused, and
that the public interest is served.
Monitoring Group on National Action Plan on
United Nations Security Council Resolution 1325
137. 121. A Monitoring Group on the implementation of
Irelands National Action Plan on United Nations Security
Council Resolution 1325 on Women Peace and Security
(2011 - 2014), made up of 50% Academic and Civil Society
Organisation representatives and 50% Government
representatives, with an independent Chair, oversees the
regular and systematic review of progress in achieving the
objectives, actions and targets of the NAP.
An Coimisinir Teanga (The Language
Commissioner)
138. 122. The Office of An Coimisinir Teanga is a fully
independent Office as set out in the Official Languages Act
2003. The functions and powers of the Commissioner are
specified in the 2003 Act and essentially are to monitor
compliance with the Act by public bodies.
Inspector of Prisons
139. 123. The Inspector carries out regular inspections of
the 14 prisons and places of detention, and reports on each
institution inspected. These reports, together with an Annual
Report, are published.
The Health Information and Quality Authority
140. 124. The Health Information and Quality Authority
(HIQA) is the independent Authority established to drive
continuous improvement in Irelands health and personal
social care services, monitor the safety and quality of these
services and promote person-centred care for the benefit of
the public. The Authoritys mandate extends across the
quality and safety of the public, private (within its social care
function) and voluntary sectors. Reporting to the Minister for
Health and the Minister for Children and Youth Affairs, the
Health Information and Quality Authority has statutory
responsibility for:
Setting Standards for Health and Social Services;
Registering and inspecting residential centres for older
people and residential disability centres;
Monitoring the quality and safety of health and personal
social care services and
Investigating as necessary serious concerns about the
health and welfare of people who use these services.
141. The role of the Health Information and Quality Authority
also includes developing standards and inspection in respect
of children's services. HIQA inspects protection and welfare
services; foster care provision childrens residential centres
including secure units which provide intensive support for
children in a secure facility provided by the Child and Family
Agency (formerly the HSE). It also inspects childrens
detention schools.
Financial Services Ombudsman
142. 125. The Financial Services Ombudsman deals
independently with unresolved complaints from consumers
about their individual dealings with all financial services
providers, including in relation to mortgage and other
consumer credit matters.
Mental Health Commission and Inspectorate of
Mental Health Services
143. 126. The functions of the Mental Health Commission
are to promote, encourage, and foster the maintenance of
high standards and good practices in the delivery of mental
health services and to take all reasonable steps to protect
the interests of detained patients.
144. 127. The Inspectorate of Mental Health Services is
required by law to visit and inspect every approved centre
annually and, as the Inspectorate thinks appropriate, to visit
and inspect any other premises where mental health
services are being provided. As part of the inspection
process, the functions of the Inspectorate include
ascertaining the degree of compliance by approved centres
with any applicable Code of Practice or statutory regulations.
Citizens Information Board
145. 128. The Citizens Information Board provides free
information, advice and advocacy on a broad range of public
and social services. It also supports the voluntary network of
113 Citizens Advice Centres around the country, the
Citizens Information Phone Services, the Sign Language
Interpreting Service and the National Advocacy Service.
Money, Advice and Budgeting Service (MABS)
146. 129. MABS is a national free, confidential and
independent service for people in debt or in danger of
getting into debt. Funded by the Government via the
Citizens Information Board, MABS operates at a network of
centres at local community level that assist people with debt
problems.
The Private Residential Tenancies Board (PRTB)
and the Rent Tribunal
147. 130. The PRTB was established under the Residential
Tenancies Act 2004 to operate a national tenancy
registration system and to resolve disputes between
landlords and tenants. The Residential Tenancies
Amendment (No.2) Bill 2012 once enacted will extend the
remit of the PRTB so that dwellings let by approved housing
bodies to social housing tenants will come within the remit of
the Act. The Rent Tribunal was established under the Housing
(Private Rented Dwellings) (Amendment) Act 1983 and is the
arbitrating body in the determination of the terms of tenancy
for formerly rent-controlled dwellings. The Residential
Tenancies Amendment (No.2) Bill 2012 once enacted will
also give legal effect to the merger of the PRTB and the Rent
Tribunal.
Civil Society
148. 131. Ireland is fully committed to a pluralistic and open
democracy and values the role played by a diverse and
inclusive civil society in this regard. Government recognises
the contribution that social dialogue can make to maximising
common understanding across all sectors of society
especially in addressing the difficulties facing the country at
the moment. Ministers and their Departments continue to
have regular interaction with representatives of all sectors of
society. Successive Governments have attached much
importance to the role of the NGO community in the area of
human rights. In order to provide a formal framework for a
regular exchange of views between the Department of
Foreign Affairs and Trade and representatives of the NGO
community, the Joint DFAT/NGO Standing Committee on
Human Rights was established, comprising representatives
of NGOs and experts, as well as officers of the Department.
In addition to the Committee, a Forum on Human Rights, to
which all interested NGOs are invited, is held annually.
C. Framework within which human rights are
promoted at the national level
National and Regional Parliaments and Assemblies
149. 132. There are numerous Joint Oireachtas Committees
which consider issues of importance to human rights and
public affairs. These Joint Committees include, inter alia, the
Joint Committee on Social Protection, the Joint Committee on
Health and Children, the Joint Committee on Justice, Defence
and Equality and the Joint Committee on Foreign Affairs
including the Sub-Committee on Human Rights and the Sub-
Committee on Development Cooperation.
Dissemination of Human Rights Instruments
150. 133. Information relating to the main human rights
conventions ratified by Ireland and the national reports
submitted to the United Nations on the implementation of
these conventions are available on the Department of
Foreign Affairs and Trade website (www.dfa.ie). The
individual government departments responsible for
implementation and compliance with UN human rights
instruments are also responsible for dissemination.
151. 134. The Universal Declaration of Human Rights has
been printed in both national languages and has been widely
distributed. Copies of international human rights
instruments ratified by Ireland have also been made
available to the general public and circulated to members of
Dil ireann.
Raising human rights awareness among public
officials
152. 135. The Government of Ireland aims to ensure that all
public officials are aware of their obligations under various
human rights instruments. Human rights training is provided
to public officials including members of An Garda Sochna,
members of the Defence Forces and custodial personnel
working in the Irish Prison Service. The Irish Human Rights
Commission provides training to civil and public servants on
their human rights obligations.
153. 136. The Irish Defence Forces provide on-going human
rights training at United Nations Training School Ireland
(UNTSI) in the Defence Forces Training Centre both for
members of the Defence Forces and for participants from
armed forces abroad. The overall training package is based
on the programme provided by the United Nations Office of
the High Commissioner for Human Rights (OHCHR).
154. 137. Human rights training also forms a key part of the
formal induction and in-service training courses for custodial
personnel. Every opportunity is taken in the course of such
training to foster and promote respect for human rights in
the treatment of persons in custody. The basic training given
to prison officers places significant emphasis on the human
rights of prisoners. They are taught that deprivation of
liberty is a most sensitive and far-reaching power available
to the State and should at all times be subject to the rule of
law and exercised with respect for the dignity and basic
rights to which every person is entitled. The training
provided places significant emphasis on the European
Convention on Human Rights, the United Nations Standard
Minimum Rules for the Treatment of Prisoners, the European
Prison Rules, and the work of the European Committee for
the Prevention of Torture or Inhuman or Degrading Treatment
or Punishment.
155. 138. The Irish Prison Service College is working in
partnership with the Irish Human Rights Commission and has
developed a tailored Train the Trainer human rights course,
based on participative methodology for training liaison
officers in each of their prisons. The training includes the
relevant human rights framework along with the practical
application of principles of human rights, such as dignity,
respect, equality, proportionality and transparency. This will
allow the trainers to deliver a two-hour training course to all
prison personnel across Ireland and concentrate on the
principles of dignity and respect in the daily interaction of
Prison officers and prisoners. The programme is to be
launched in December 2013.
156. 139. Human rights training forms a central part of all
recruits and members of An Garda Sochna. A dedicated
Human Rights Office was set up in 1999 and deals with
Garda training and educational policy in the areas of human
rights. It also has a consultation brief with Non Governmental
Organisations and community groups countrywide. The
Human Rights Office also acts as the secretariat for the
Garda Strategic Human Rights Advisory Committee (SHRAC).
The mainstreaming and instilling of a culture of respect for
human rights by An Garda Sochna is a key focus of SHRAC.
157. 140. SHRAC is represented by both state
representatives and civil society human rights advocates.
The state actors comprise: Assistant Commissioner Human
Resource Management (HRM) (chair), senior Garda
management, Garda civilian staff, management and a
Department of Justice & Equality official. The civil society
representatives include members from: the Irish Human
Rights Commission (IHRC); the Irish Council for Civil Liberties
(ICCL), the Equality Authority and Amnesty International.
158. 141. SHRAC has the following terms of reference:
Progress implementation of human rights initiatives to
bring about cultural change across the organisation;
Promote human rights policies and procedures
(internally and externally);
Ensure that best human rights practice is at the core of
our policing service.
159. 142. Garda attached to the Garda National Immigration
Bureau receive additional training appropriate to their role as
immigration officers. Likewise, civilian immigration officers of
the Irish Naturalisation and Immigration Service assigned to
frontline immigration control duties also receive appropriate
training in human rights. The training programmes cover
areas such as international human rights mechanisms,
human trafficking and developing cultural competence.
160. 143. Irelands overseas aid programme Irish Aid has
a significant focus on public engagement around
development and human rights. Much of this comes in the
form of work at primary and secondary school level but also
with the informal education sector. In addition, Irish Aid
engages in a variety of outreach and communications
activities through the Irish Aid Information and Volunteering
Centre located in the heart of Dublin city.
Promotion of Human Rights Awareness through
Educational Programmes and Government-Sponsored public
information
161. 144. Human rights issues are addressed at both
primary and post-primary levels and there are Human Rights
programmes in a number of third-level education
institutions.
162. 145. At Primary level, human rights can feature in a
range of contexts across the curriculum which is taught in an
integrated way. At this level the strongest emphasis is in
Social, Personal and Health Education (SPHE). Developing
Citizenship is a core element of this mandatory subject,
from infant classes through to completion of primary
education.
163. 146. In addition to the above, the Department of
Education and Skills has worked with a wide range of
stakeholders on a Cross Border Primary Human Rights
Education Initiative (LIFT OFF) with Northern Ireland. The
project is a joint initiative of Amnesty International UK and
Irish Sections; the Irish National Teachers Organisation
(INTO); the Ulster Teachers Union and Education
International and comprises representatives of the
Departments of Education and the curriculum bodies both
north and south of the border. The primary aim of this
initiative is supporting the development of a human rights
culture on the island of Ireland by supporting the
mainstreaming of Human Rights Education in the primary
education systems of Northern Ireland and Ireland.
164. 147. At post-primary level knowledge of human rights
can also be developed in a range of contexts across the
curriculum. Most commonly it features in SPHE, History,
Geography, Business Studies and Civic, Social and Political
Education (CSPE). CSPE is currently an examination subject
and part of the core curriculum at post primary schools. It
aims to instil in students understanding of seven key
concepts viz. democracy; rights and responsibilities; human
dignity; interdependence; development; law and
stewardship.
165. 148. In the new Framework for Junior Cycle, published
in October 2012, the learning at the core of junior cycle is
described in 24 Statements of Learning. One of these
provides that all students in the end of Junior Cycle should
value what it means to be an active citizen, with rights and
responsibilities in local and wider contexts. In addition, one
of the principles of the Framework is Inclusive Education,
whilst the key skill of Working with Others will address
conflict, co-operation, respecting difference and contributing
to make the world a better place. All these elements are key
skills in the context of our understanding and awareness of
human rights. The new Framework will be introduced on a
phased basis from September 2014. A new short course in
CSPE will be available to schools from September 2014.
166. 149. A new Action Plan on Bullying was launched in
January 2013 by the Minister for Education and Skills and the
Minister for Children and Youth Affairs. The Plan sets out
twelve actions to help prevent and tackle bullying in primary
and second level schools. It also aims to promote respect for
diversity and inclusiveness in Irish schools and communities.
167. 150. Delivering Equality of Opportunity in Schools
(DEIS) is the action plan for educational inclusion. DEIS is
designed to ensure that the most disadvantaged schools
benefit from a comprehensive package of supports. DEIS is
one element of a continuum of interventions to address
disadvantage for the primary and the post primary sectors.
There are also second-chance education and training and
access measures for adults to support increased
participation in education and training by under-represented
groups in society.
Higher Education
168. 151. Within higher education, a wide range of
programmes is provided that pertain to human rights. While
the study of human rights forms an important component of
courses in law, politics, and international relations, it also
features in courses across a wide range of disciplines,
including sociology, psychology, health sciences, education,
and gender studies. There are two dedicated research
centres for human rights in Ireland: the Centre for Criminal
Justice and Human Rights at University College Cork (UCC),
and the Irish Centre for Human Rights at the National
University of Ireland, Galway (NUIG), in addition to which a
number of centres in Irish higher education institutions have
a strong human rights focus, including Trinity College Dublin
(TCD)s Centre for Post-Conflict Justice and University College
Dublin (UCD)s Equality Studies Centre.
169. 152. It is incumbent on higher education institutions to
uphold and protect the human rights of students and staff.
Under the Equality Act 2004, the Equal Status Act 2000, and
the Disability Act 2005, higher education providers are
required to prevent discrimination against students and staff
and to accommodate the needs of those with disabilities. All
institutions have in place policies and procedures for
addressing complaints about bullying and harassment, as
well as codes of conduct and ethics policies. Support
services in higher education institutions include disability,
counselling, and health services, as well as online
information services and pastoral care provided to students
by personal tutors.
170. 153. There is a range of initiatives and supports that
aim to ensure equity of access to higher education for all
citizens, including those from disadvantaged backgrounds
and minority groups. In 2003 the National Office for Equity of
Access to Higher Education was established within the
Higher Education Authority (HEA) to facilitate access to
higher education for under-represented groups; and the
National Office administers the European Social Fund (ESF)-
aided Fund for Students with Disabilities to institutions for
the provision of disability support services, as well as the
Student Assistance Fund for those experiencing financial
hardship. The National Plan for Equity of Access to Higher
Education 20082013 articulates a national commitment to
equality of access to higher education and sets out targets
for fulfilling this.
171. 154. In support of this national commitment the HEA
has funded a wealth of access initiatives through the
Strategic Innovation Fund (SIF), including the reform and
mainstreaming of the Higher Education Access Route (HEAR)
; and the Disability Access Route to Education (DARE) ; which
offer access to higher education courses with a reduced
point-score in the Leaving Certificate examination for
students from socio-economically disadvantaged
backgrounds and for those with a disability respectively.
Many higher education institutions have established
programmes to widen access, including for example Dublin
Institute of Technology (DIT)s Community Links
Programme, which supports educationally disadvantaged
children and adults to access higher education; Dublin City
Universitys DCU in the Community initiative, which
provides a drop-in centre to promote educational
opportunities to the local community; and TCDs Trinity
Access Programmes (TAP).
172. 155. Higher education institutions in Ireland are active
in promoting active citizenship among students and staff.
NUIG is a leader in this regard, with civic engagement
embedded into its Strategic Plan 20092014. Since its
establishment in 2001, NUIGs Community Knowledge
Initiative (CKI) has actively promoted civic engagement,
hosting the ALIVE student volunteering programme,
embedding service-learning into degree programmes, and
supporting collaborative research and knowledge-exchange
with community partners. DCUs annual Presidents Award
for Engagement celebrates the engagement of staff and
students in the life of the wider community; and TCDs
Voluntary Tuition Programme (VTP) enables Trinity students
to mentor children and teenagers in the local communities of
Pearse Street and Ringsend. The NUIG-led, SIF-funded
Campus Engage Network has enhanced the provision of
service-learning, community-based learning, and
volunteering opportunities for students, as well as the
promotion of active citizenship across Irish universities.
173. 156. While acknowledging the achievements of the
sector to date in supporting civic engagement, the National
Strategy for Higher Education to 2030 calls for higher
education institutions to become more firmly embedded in
the social and economic contexts of the communities they
live in and serve, and to this end the HEA is supporting the
broadening of the Campus Engage Network into a national
platform for civic engagement. In addition, the performance
evaluation framework for the sector that the HEA is
developing will support the strategic development of higher
education institutions engagement missions.
Role of Civil Society and Non-Governmental
Organisations
174. 157. Ireland has a strong and active NGO community
who play a central role in human rights education. They
provide vital information to Government about human rights
issues which affect people at the grassroots level, through
specific Government forums with NGOs as well as on a more
general level. At the same time, they serve to educate the
public about the human rights programmes and protection
available to them. Consultation with NGOs forms a central
part of the human rights reporting mechanism.
Promotion of Human Rights Internationally and in
the context of Development Cooperation and Assistance
175. 158. The promotion and protection of human rights and
fundamental freedoms has always been a cornerstone of
Irish foreign policy. Ireland has a strong record of providing
assistance to developing countries to address poverty,
vulnerability and marginalisation. Ireland focuses on
developing the institutions and capacity within developing
countries to do this themselves, guided by the Millennium
Development Goals. Irelands official aid programme, Irish
Aid, is an integral part of the Department of Foreign Affairs
and Trade. It continues to rank among the best in the world
due to its poverty focus and Irelands continued efforts to
maintain its significant aid budget despite current economic
difficulties. In 2012, Ireland provided 0.48% of GNI for ODA.
The Programme for Government (March 2011) has confirmed
the commitment to the 0.7% of GNP target for ODA and this
commitment was re-affirmed in Irelands new Policy for
International Development One World, One Future, which
was launched in May 2013.
176. 159. Ireland recognises that the enjoyment of all human
rights civil, cultural, economic, political and social is
essential for development. Equally, development is essential
to enable the full enjoyment of those rights. Under the new
development policy, Ireland is committed to further
strengthening its support to human rights including by
identifying human rights and accountability as a priority area
for action for the aid programme, by identifying commitment
to human rights as a criteria upon which Irish Aid Key Partner
Countries shall be chosen and by placing greater emphasis
on supporting gender equality and the rights of persons with
disabilities. Irish Aid supports human rights work in a number
of important ways. Expenditure on governance and civil
society, for example, amounts to around 15% of our total
budget, much higher than the OECD average. Support is also
provided to the Office of the High Commissioner for Human
Rights, and other human rights initiatives. Through Irish Aid,
Ireland provides funding to a wide range of NGOs working on
human rights issues and supports national human rights
commissions in a number of developing countries.
D. Reporting process at the national level
177. 160. The following table shows the lead Government
department with responsibility for coordinating the reporting
process under the principal UN human rights instruments.
UN Instrument Lead Government Department
ICCPR Human Rights Unit, Department of Foreign Affairs
and Trade
ICESCR Human Rights Unit, Department of Foreign Affairs
and Trade
CAT Prisons Policy section, Department of Justice and
Equality
CEDAW Gender Equality Unit, Department of Justice and
Equality
CRC Policy, Strategy Development and Business Support
Unit, Department of Children and Youth Affairs
CERD Office for the Promotion of Migrant Integration,
Department of Justice and Equality
178.
179. 161. The initial drafting process for all of Irelands
human rights reports involves inter-departmental meetings
with all relevant government departments. Extensive
consultation with civil society is carried out at various stages
of the drafting process. The Irish Human Rights Commission
is also invited to consult on the reports, and its successor
body will also be invited to do so upon its establishment.
180. 162. The Government of Ireland recognizes the
important role played by non-government organisations
(NGOs) in promoting and implementing the rights set out in
the treaties, and usual practice in the preparation of national
reports includes consultations with a broad range of relevant
NGOs.
E. Other related human rights information
181. 163. Ireland underwent its first review under the United
Nations Universal Periodic Review (UPR) process in October
2011 and submitted an Addendum to the Report of the
Working Group to the UN in March 2012. Of the 127
recommendations made by UN member states, Ireland
accepted 91, partially accepted 17 and declined 19. Ireland
has undertaken to carry out a voluntary mid-term report on
progress with regard to the accepted recommendations early
in 2014.
III. Information about non-discrimination and equality
and effective remedies
182. 164. Ireland is already to the fore in its promotion and
protection of the principles of equality and freedom from
discrimination. There is a suite of equality legislation in
place designed to ensure equality for all. The primary
legislation is set out in the table below:
o Bunreacht na hireann (Constitution of Ireland) - Article
40.1, Article 40.3.1, Article 40.3.2, and Article 44.2.3
o Unfair Dismissals Acts 19772007
o Ombudsman Act 1980
o Prohibition of Incitement to Hatred Act 1989
o Pensions Act 1990
o Maternity Protection Act 1994
o Adoptive Leave Act 1995
o Civil Legal Aid Act 1995
o Parental Leave Act 1998
o Employment Equality Act 1998
o Education Act 1998
o Equal Status Act 2000
o Human Rights Commission Act 2000
o Intoxicating Liquor Act 2003
o Redundancy Payments Act 2003
o Equality Act 2004
o Residential Tenancies Act 2004
o Social Welfare (Miscellaneous Provisions) Act 2004
o Public Service Management (Recruitment and
Appointments) Act 2004
o Protection of Employment (Exceptional Collective
Redundancies and Related Matters) Act 2007
o Civil Law (Miscellaneous Provisions) Act 2008 Part 16
o Merchant Shipping Act 2010
o Civil Partnership and Certain Rights and Obligations of
Cohabitants Act 2010
o Civil Law (Miscellaneous Provisions) Act 2011
o Ministers and Secretaries (Amendment) Act 2011
o Protection of Employees (Temporary Agency Work) Act
2012
o Equal Status (Amendment) Act 2012
o Code of Practice on harassment and sexual harassment
in the workplace, Statutory Instrument No. 208 of 2012.
195.
196. 177. Theme Two which aims to Ensure the Wellbeing of
Women contains eleven objectives/ sub-objectives as
follows:
ENSURING THE WELLBEING OF WOMEN
7. To enhance the work/life balance for women
8-A To improve the health status of women in Ireland
through gender focused policies
8-B To improve the physical health status of women in
Ireland
8-C To improve the reproductive and sexual health status of
women in Ireland
8-D To improve the mental health status of women in
Ireland
8-E To promote healthy lifestyles for the women in
Ireland
9 To increase the number of women participating in sport
and physical activity in Ireland
10. To ensure the health and safety of pregnant and
breast feeding women at work
11. To protect women from bullying and harassment in
the workplace
12. To combat violence against women through improved
services for victims together with effective prevention and
prosecution
13. To address the issue of trafficking of women and
children
197.
198. 178. Theme Three aims to Engage Women As Equal and
Active Citizens and contains seven objectives/ sub-objectives
as follows:
ENGAGING AS EQUAL AND ACTIVE CITIZENS
14. To increase the number of women in decision-
making positions in Ireland
15. To increase the number of women involved in the
arts in Ireland
16. To use media proactively to support gender
equality and the advancement of women
17-A. To foster the advancement of UN Millennium
Development Goals through Irish Aid
17-B. To use multi-lateral aid and development policy to
promote the role of women and gender equality in
developing countries
17-C. To enhance the capacity of Irish Aid and
Development Partners to respond effectively to Gender
Based Violence in conflict, post-conflict and developing
environments
17-D. To ensure the integration of gender perspectives
into all parts of the United Nations System
199.
200. 179. The Strategy also contains actions which will
contribute to its implementation and to a greater awareness
of gender equality issues in relation to policy making across
all Government activities.
201. 180. Implementation of the Strategy is being overseen
by an Inter-Departmental Committee chaired by Department
of Justice, Equality and Law Reform and by the National
Womens Strategy Monitoring Committee which includes the
social partners and is chaired by the Minister of State with
responsibility for Disability, Equality, Mental Health an Older
People.
Equality for Women measure (EWM)
202. 181. The Equality for Women Measure (EWM) is a
positive action programme for women, which aims to foster
gender equality through a range of projects delivered in the
main by locally based community groups. The EWM receives
European Social Funding (ESF) support under the Human
Capital Investment Operational programme and Exchequer
matching funds. The objectives of the Measure (comprising
of three strands) were to make funding available to projects
to support positive actions which: improve womens access
to education, training and personal development in
preparation for employment; support women who are
undertaking entrepreneurial activity; and support womens
advancement in their employment.
203. 182. The economic downturn has limited the availability
of Exchequer match funding to support the Equality for
Women Measure and as a result the coverage was more
limited than originally envisaged. In the early years, funding
was provided to some 40 community groups, However, in
2013, it has been necessary to curtail coverage to 25
projects which work with women currently outside the labour
market and with two further entrepreneurial projects which
have been funded annually with considerable success.
204. 183. The EWM has facilitated a total of 11,350 women
since 2009 to engage in development opportunities, which
enables them to return to employment, or to mainstream
education and training opportunities.
205. 184. In 2012, for example, EWM activity statistics
reveal that:
A total of 1,964 women participated in Labour Market
Activation courses (EWM Strand 1);
A total of 566 participants (28.8%) in EWM Strand 1
moved to employment or advanced to another
education/training programme in 2012;
1,069 women participated in training for
entrepreneurship delivered by community groups, with a
total of 197 women (18.4%) moving to early stage
entrepreneurship in 2012.
Cosc, the National Office for the Prevention of
Domestic, Sexual and Gender-based Violence
206. 185. Cosc, the National Office for the Prevention of
Domestic, Sexual and Gender-based Violence was
established by the Irish Government in June 2007 to help co-
ordinate the State's response to domestic, sexual, and
gender-based violence, all of which affect women
disproportionately. The National Strategy on Domestic,
Sexual and Gender-based Violence 2010-2014 sets out a
comprehensive range of actions to address both the primary
interventions of prevention, recognising and understanding
of this violence and also secondary interventions in the areas
of reporting, referring and ensuring the appropriate
responses to acts of violence
National Womens Council of Ireland
207. 186. Founded in 1973, the National Womens Council of
Ireland is the leading national womens membership
organisation in Ireland. NWCI seeks full equality between
men and women. NWCI represents and derives its mandate
to articulate the views and experiences of their members
and make sure their voices are heard wherever decisions are
made which affect the lives of women in all their diversity
from their membership, which includes 165 member groups
from a diversity of backgrounds, sectors and locations. Full
membership is open to organisations who have a minimum
of 10 individual members who agree with the vision, mission
and values of NWCI and in the course of their own work
demonstrably seek to progress equality for women in Ireland
(through direct services, policy, advocacy, or other stated
means). Organisations must have been in existence for at
least a year prior to applying for membership.
208. 187. The Irish Exchequer continues to support the core
funding of the NWCI. The NWCI is an umbrella body which
groups together approximately 150 NGOs representative of
womens interests and concerns. It is recognized by
Government as a key body which puts forward womens
concerns and perspectives. It receives almost all its core
funding from the Government. In 2013, this will amount to
300,000. While it is independent of Government on policy
issues, answerable only to its own elected executive
committee and members, its Government funding stems
from a recommendation to the then Government made in
1992 that the NWCI: provide womens organisations at local
regional and national level with a forum in which womens
views, opinions, experience and perspectives can be shared
and developed; through its work at national level, the NWCI
bring such views and perspectives to bear on policy and
decision-making, while at the same time encourage and
support the work of its affiliates and other women's groups
to work locally and regionally; and develop leadership and
developmental programmes for women's groups around the
country.
209. 188. In addition to its developmental role, it is
recognised as an informed and constructive contributor to
the implementation and review of policy initiatives and its
leaders interact frequently with senior politicians and policy
makers.
Womens representation on State Boards
210. 189. The Programme for the Government for National
Recovery 2011-2016 restates a 1993 Government
commitment to take steps to ensure that all State Boards
have at least 40% of each gender. This commitment had
been incorporated into the National Womens Strategy 2007-
2016 and links with key aims of both the European Union
and the United Nations in relation to the involvement of
women in decision-making roles.
211. 190. In April 2011, the Government agreed that future
vacancies on State Boards be advertised on the website of
the relevant Government Department and that the public
advertisements inviting applications would contain the
following line: In considering applications due regard will be
given to Government policy on gender balance on State
boards.
212. 191. Progress on State Boards is monitored annually.
Composite data on womens participation on State Boards in
recent years indicates that about 34% of places on Boards
were held by women, which is an improvement on the
reported figure of 29% in June 2002. However, progress
towards the achievement of the gender target has been slow
and significant deviations continue to persist between
government departments. A pattern has emerged over the
years, with significant numbers of women present on boards
with a caring focus and fewer on the boards of bodies with
an economic or business focus.
213. 192. The following are the key statistics in relation to
membership of State Boards serving on 31 December 2011:
Women's participation rate on State Boards in 2011 was
33.9% (similar to 2009), marking a marginal reduction from
the 2010 rate of 34.67%; and
214. The gender breakdown of chairpersons of State Boards
was 79% men and almost 21% women in 2011. This
represents an increase of just over 1% for female
Chairpersons since end 2010
General information regarding the human rights
situation of persons belonging to specific vulnerable groups
in the population
Persons with disabilities
215. 193. Informed by the recommendations of the report of
the Commission on the Status of People with Disabilities,
there have been significant developments in the disability
sector in Ireland.
216. 194. In June 2000, the Government launched the
mainstreaming initiative which required public bodies, where
possible, to integrate services as far as possible for people
with disabilities with those for other citizens.
217. 195. The National Disability Authority (NDA) was
established by statute in June 2000 to develop and monitor
standards in services for people with disabilities and to
advise on disability policy and practice. The NDA is funded
by the Government.
218. 196. The Comhairle Act 2000 established Comhairle as
a mainstream information provider funded by the
Department of Social and Family Affairs. The agency has a
statutory commitment to assist and support people,
particularly those with disabilities, in identifying and
understanding their needs and options and in accessing their
entitlements to social services. The Citizens Information Act
2007 amended the Comhairle Act 2000 to change the name
of Comhairle to the Citizens Information Board. The Social
Welfare (Miscellaneous Provisions) Act 2008 further extended
the remit of the Citizens Information Board to include the
Money Advice and Budgeting Service. Total funding provided
to the Citizens Information Board has increased from
44.986 million in 2010 to 47.540 million in 2013.
219. 197. In November 2011, the Minister for Disability,
Equality, Mental Health and Older People appointed a new
group to assist her in the implementation of the National
Disability Strategy, which was launched in 2004 and
continues to be the focus of Government policy for the
sector. This new group is the National Disability Strategy
Implementation Group (comprising of eleven Government
Departments; the City and County Managers Association;
the national Disability Authority; and the National Disability
Stakeholder group). A National Disability Strategy
implementation plan was published in July 2013. The plan
includes formal monitoring procedures.
220. 198. These initiatives are additional to Irelands anti-
discrimination legislative framework and other anti-
discrimination initiatives.
221. 199. The key elements of the Strategy are:
222. a. The Disability Act, 2005;
223. b. The Citizens Information Act 2007, which
equips the Citizens Information Board (formerly Comhairle)
to provide a personal advocacy service for people with
disabilities;
224. c. the Education for Persons with Special
Educational Needs Act, 2004;
225. d. sectoral plans prepared by six Government
Departments.
226. 200. The Disability Act, 2005 is a cross-cutting piece of
legislation and is a positive action measure designed to
support the provision of disability-specific services to people
with disabilities and to improve access to mainstream public
services for people with disabilities. In drafting this
legislation, the Government facilitated extensive
consultation nationally. Compliance with the Disability Act is
a statutory requirement for all Government Departments.
227. 201. The Disability Act, 2005 puts on a statutory footing
a wide variety of positive action measures to improve the
position of persons with disabilities in Irish society including:
228. a. An independent assessment of individual
health service needs (and education where appropriate) and
a related Service Statement outlining services to be provided
with access to independent complaints, appeals and
enforcement;
229. b. A duty to make public buildings and services
accessible, a requirement for six key Government
Departments to publish sectoral service delivery plans and a
related complaints mechanism with access to the
Ombudsman;
230. c. An obligation on public bodies to be proactive
in employing persons with disabilities. Part 5 of the Act
provides for a statutory target, currently set at 3%, for the
recruitment and employment of people with disabilities in
the public sector. Public bodies are required to submit
annual reports to monitoring committees on their
compliance with the target.
231. d. Restriction in the use of genetic testing
information for employment and insurance purposes; and
232. e. The establishment of a Centre of Excellence
in Universal Design (CEUD). The CEUD was established in the
NDA in early 2007 under Part 6 of the Act. Universal design
refers to the design and composition of an environment so
that it can be accessed, understood and used to the greatest
extent possible by people regardless of their age, size or
disability. The mission of the CEUD is to promote the
development of that environment.
233. 202. A significant number of sections of the Education
for Persons with Special Educational Needs (EPSEN) Act have
been commenced, principally those establishing the National
Council for Special Education (NCSE) and those promoting an
inclusive approach to the education of children with special
educational needs. The remaining sections of the Act have
yet to be commenced. The Government will develop a plan
to implement the objectives of the EPSEN Act so as to deliver
improved educational outcomes for students with special
needs.
234. 203. It is the Government of Irelands intention to ratify
the Convention on the Rights of Persons with Disabilities as
quickly as possible, taking into account the need to ensure
that all necessary legislative and administrative
requirements under the Convention are being met. Ireland
does not become party to treaties until it is first in a position
to comply with the obligations imposed by the treaty in
question, including by amending domestic law as necessary.
235. 204. The ongoing implementation of Irelands National
Disability Strategy in many respects comprehends many of
the provisions of the Convention. In addition, an inter-
departmental committee on the Convention monitors the
remaining legislative and administrative actions required to
enable ratification. The committee has identified as part of
its work programme, issues to be considered by various
Government Departments and this work is ongoing in all
Departments. At the Committee's request, the National
Disability Authority, the lead statutory agency for the sector,
is assisting the committee to assess the remaining
requirements for ratification so as to ensure conclusively
that all such issues will be addressed.
236. 205. One of the key requirements in this regard is the
enactment of capacity legislation. The Programme for
Government contains a commitment to introduce a Bill that
is in line with the Convention. The Bill, which was published
in July 2013, is based upon the principles enshrined in the
Convention on supporting people with impaired capacity in
making decisions and exercising their basic rights. The
revised title of the Bill, The Assisted Decision - Making
(Capacity) Bill, reflects this approach.
Members of the Traveller Community
237. 206. The term Traveller in relation to accommodation
refers to Irish Travellers as defined in the Equal Status Act
2000:
238. Traveller community means the community of people
who are commonly called Travellers and who are identified
(both by themselves and others) as people with a shared
history, culture and traditions including, historically, a
nomadic way of life on the island of Ireland."
239. 207. In a range of legislative, administrative and
institutional provisions, the Government has recognised the
special position of Irelands Traveller community in addition
to Equality legislation these include laws to provide for
Traveller accommodation by local authorities and specific
Traveller strategies, developed with the input of Traveller
organisations, in relation to Health, Education and
Accommodation.
240. 208. Travellers in Ireland have the same civil and
political rights as other citizens under the Constitution. The
key anti-discrimination measures, the Prohibition of
Incitement to Hatred Act, 1989, the Unfair Dismissals Acts
1977, the Employment Equality Acts and the Equal Status
Acts specifically identify Travellers by name as a group
protected. The Equality Act 2004, which transposed the EU
Racial Equality Directive, applied all the protections of that
Directive across all of the nine grounds contained in the
legislation, including the Traveller community ground. All the
protections afforded to ethnic minorities in EU directives and
international conventions apply to Travellers because the
Irish legislation giving effect to those international
instruments explicitly protects Travellers.
241. 209. The Government is committed to challenging
discrimination against Travellers and has defined
membership of the Traveller community as a separate
ground on which it is unlawful to discriminate under equality
legislation. This was not meant to provide a lesser level of
protection to Travellers compared to that afforded to
members of ethnic minorities. On the contrary, the separate
identification of Travellers in equality legislation guarantees
that they are explicitly protected.
Traveller ethnicity
242. 210. During the course of the examination by a working
group of the UN Human Rights Council of Ireland's report to
that Council, prepared under the Universal Periodic Review
procedures of the Council, the Minister for Justice and
Equality, Mr Alan Shatter was asked, among many other
matters, about the position of Travellers in Irish society. One
delegation specifically recommended that Ireland should
recognise Travellers as an ethnic minority while other
interventions were of a more general nature. The Minister
replied that serious consideration is being given to granting
such recognition. This consideration is ongoing.
High Level Group on Traveller Issues
243. 211. In December 2003 at the request of an Taoiseach,
a High Level Group on Traveller issues was established under
the aegis of the Cabinet Committee on Social Inclusion. Its
remit, to ensure that the relevant statutory agencies
involved in providing for the delivery of Traveller-specific
services, would focus on improving outcomes based on the
integrated delivery of services at local level. The Group
issued a report to Government in March 2006.
244. 212. The Report of the High Level Group on Traveller
Issues was approved by the Government in March 2006. A
key aspect of the approach recommended by the High Level
Group is developing effective coordination of actions among
agencies operating under the 34 County and City
Development Boards (CDBs), coupled with effective
consultation with Travellers and their representatives. Since
2006 Traveller Interagency Groups (TIGs) have been
established under each CDB to coordinate the efforts of state
agencies and other stakeholders.
National Agreements and Plans
245. 213. The Programme for Government 2011-2016
highlights the need to improve the delivery of services to
Travellers. The National Reform Programme for Ireland under
the Europe 2020 Strategy lists Travellers among Irelands
most vulnerable groups and states that targeted social
inclusion programmes will be aimed at them. The national
social partnership agreement between the Government and
the social partners, Towards 2016, published in 2006
committed to concentrated attention to achieving greater
progress for Travellers and also led to the establishment of
the National Traveller Monitoring and Advisory Committee
(NTMAC) in 2007. NTMAC comprises representatives of
Traveller groups and Government Departments with an
independent Chair. National social partnership no longer
exists but there is regular dialogue between Ministers and
their Departments and sectoral interests. The Governments
National Action Plan on Social Inclusion 2007-2016 contains
a range of targets and actions to improve Traveller life
experience through the provision of appropriate education,
health and housing services and to remove any remaining
barriers to the full participation of members of the Traveller
community in the work and social life of the country.
Travellers in Education
246. 214. Mainstreaming is one of the ten key components
highlighted in the Intercultural Education Strategy for Irish
education. Historically, for example, many Traveller children
and children with special needs were educated in segregated
settings. The Report and Recommendations for a Traveller
Education Strategy (2006) covers all aspects of Traveller
Education from pre-school right through to further and
higher education within a lifelong learning context. The core
principle of the report is one of inclusion with an emphasis
on equality and diversity and the adoption of an intercultural
approach. The principle of individual educational need
rather than Traveller identity will underpin future actions
including allocation of resources. The Department's aim is to
prioritise available resources to maximum effect across the
education sector to enhance educational outcomes for all
children and adults including Travellers. In the context of the
Programme for Government: Government for National
Recovery 2011-2016 and in keeping with the report, the
Government has taken a decision to provide educational
teaching supports to Traveller students on the same basis as
other students in schools. Additional tuition is provided
through the existing learning support provision in schools.
247. 215. The Survey of Traveller Education Provision in Irish
Schools (2006) found, inter alia, that the majority of Traveller
children in primary and post-primary school are not
achieving at a level equal to their peers in the settled
community. Accordingly, while integrated provision is
provided in primary and post-primary schools where
Travellers participate on an equal basis with other service
users. In some cases, however, positive actions are needed
as a short term measure to enable Traveller students to gain
the skills and competence on a par with their settled peers
so that they can participate equally in mainstream
education, training or employment. In order to assist schools
with high concentrations of Traveller pupils, following the
withdrawal of the resource teaching posts for Travellers,
limited alleviation or adjustment measures are being
provided. Furthermore, Traveller enrolments have been
included in the valid enrolment for the purpose of allocating
additional staffing under DEIS from the 2011/12 school year
and under the revised General Allocation Model for high
incidence special educational needs from the 2011/12
school year.
248. 216. The Department of Education and Skills has
established a Traveller Implementation Group which is
overseeing the implementation of the recommendations in
the report. The Traveller Education Strategy Advisory &
Consultative Forum continues to identify issues, including
obstacles, to the implementation of recommendations of the
Traveller Education Strategy, examining appropriate
responses to issues identified and reports to the
Department's Traveller Strategy Implementation Group to
highlight key issues of concern.
Traveller Accommodation
249. 217. Government policy in relation to the
accommodation of Travellers is implemented through the
Housing (Traveller Accommodation) Act 1998. All relevant
local authorities are obliged, under the Act, to adopt and
implement multi-annual Traveller accommodation
programmes, with the aim of improving the rate of provision
of accommodation for Travellers. The first round of Traveller
accommodation programmes covered the period 2000 to
2004. The second programmes covered the four-year period
2005 to 2008. In early 2009 local authorities adopted a third
round of accommodation programmes which will cover the
period 2009 to 2013. A fourth round is due to commence in
2014 and it is expected that the next round of Traveller
Accommodation Programmes will run from 1 January 2014 to
31 December 2018.
250. 218. The Housing (Traveller Accommodation) Act 1998,
places a strong emphasis on consultation with all parties
concerned. Traveller accommodation programmes are
required to be prepared in consultation with other public
authorities, community and other bodies, Travellers, via the
local consultative committee, and the public in general.
Travellers participate on advisory committees concerning
Traveller accommodation at both national and regional level
through the National Traveller Accommodation Consultative
Committee and Local Traveller Accommodation Consultative
Committee.
251. 219. Significant funding has been made available for
the provision of Traveller-specific accommodation. In the
period covered by the first programmes (2000 to 2004),
130 million was expended on such accommodation (new
and refurbished). In the period covered by the second
programme (2005 to 2008), an additional 142.55 million
was spent on the provision of Traveller specific
accommodation. 49.026 million has been spent in the
period 2009 2012. The third programme is due to expire at
the end of 2013. Accommodation expenditure for Travellers
availing of standard local authority accommodation is
provided separately through the Department of
Environment, Community and Local Governments Social
Housing Division. Any eligible person in the State may apply
to their local authority for standard local authority housing.
Standard housing is allocated by local authorities on the
basis of a scheme of letting priorities and Travellers have the
same access to standard housing as the general population.
252. 220. There has been a significant increase in the
number of families living in private rented accommodation
demonstrating that the private rental market has become
much more open to Traveller tenants. A considerable
majority (95 %) of the 2,829 families recorded as living in
private rented accommodation receive assistance in meeting
their accommodation costs either through the payment of
rent supplement (by the Department of Social Protection) or
through the Rental Accommodation Scheme. With the
number of families accommodated using the Rental
Accommodation Scheme continually increasing, private
rented accommodation has become a viable and more
secure long term accommodation option. Travellers living in
private rented accommodation remain on their local
authority housing list and are offered permanent
accommodation in line with their needs assessment and the
local authoritys allocation scheme.
253. 221. In 2014, the local authorities will be required to
adopt new Traveller Accommodation Programmes. Relevant
housing authorities will commence the process of identifying
the accommodation needs of Traveller families to be met
under the new programmes. This must relate to the existing
accommodation needs and need that will arise during the
period of the programmes across a range of accommodation
options including standard and group housing, permanent
residential sites for caravans and transient sites provided
directly by the housing authority or by approved housing
bodies or individuals, with or without the assistance of the
housing authority. Each programme will contain annual
targets and local authority performance is monitored,
through annual progress reports, by the Department of
Environment, Community and Local Government and the
National Traveller Accommodation Consultative Committee.
254. 222. Travellers are free to express a preference for
either Traveller specific accommodation or general social
housing under the mandatory social housing assessment
process carried out by Local Authorities. Local Authority
Traveller Accommodation Programmes are informed by this
Assessment of Housing Need and show that the vast
majority of Travellers have opted for standard housing or
group housing. It should also be noted that the majority of
Travellers already live in standard housing, either in standard
local authority housing, private rented housing, in houses
provided from their own resources or in private houses with
the assistance of their local authority. Although some
Traveller support groups argue that local authorities are not
providing sufficient halting site accommodation, the
Assessment of Housing Need shows that the demand for
sites has declined considerably. The Department of
Environment, Community and Local Government has also
received a number of requests, from Traveller residents, for
the conversion of existing halting sites into group housing
schemes.
255. 223. Responsibility for the provision of Traveller
accommodation, including transient sites, rests with
individual housing authorities. The Housing (Traveller
Accommodation) Act, 1998 specifically requires local
authorities to have regard to the provision of transient sites
when preparing their Traveller Accommodation Programmes.
In August 2008, the Department of the Environment,
Community and Local Government issued a memorandum to
all local authorities requesting them to have regard to the
need for transient sites in the preparation, adoption and
implementation of their Traveller Accommodation
Programmes for the period 2009-2013. The issue of transient
sites was considered by the third National Traveller
Accommodation Consultative Committee and is also included
on the work programme of the fourth Committee.
256. 224. The fifth National Traveller Accommodation
Consultative Committee is due to be appointed by the
Minister for Housing in 2013. The new committee will run
from 2013 to 2016. Its membership comprises government
officials and Traveller representatives. Its governing
legislation places a strong emphasis on consultation with all
parties concerned. Therefore, Traveller accommodation
programmes must be prepared in consultation with other
public authorities, community and other bodies, Travellers
via their local consultative committee, and the public in
general.
257. 225. Each local authority formed a new Local Traveller
Accommodation Consultative Committee in 2014. Their
membership consists of Travellers and Traveller support
group members, elected members of the local authority and
local authority officials.
Traveller Health Care
258. 226. Traveller health and the provision of health
services for Travellers is a priority for the Department of
Health in partnership with the Health Service Executive, and
considerable work has been undertaken in this area. Funding
allocations for Traveller specific health services has risen to
over 9.5 million per year. A wide range of specific Traveller
dedicated health services, such as Traveller Health Units and
Primary Health Care Projects, have been developed.
Structures have been put in place to ensure the effective
delivery of services.
259. 227. The Traveller Health Advisory Committee (THAC)
advises the Minister for Health on policy in relation to
Traveller health. The Committee comprises of
representatives of the Department of Health, the
Department of Justice and Equality, the Health Service
Executive, Travellers and Traveller organisations. In addition,
Traveller Health Units operate in each Health Service
Executive area. The units comprise representatives from
Health Service Executive management and Traveller
representatives. These units work in partnership with local
Traveller organisations and the Travelling community. The
significant investment in Traveller health has also allowed for
the appointment of designated Public Health Nurses for
Travellers and the roll out of Primary Health Care for
Travellers projects which established a model for Traveller
participation in the development of health services.
260. 228. Traveller Health A National Strategy 2002-2005
was developed by the THAC and published in February 2002
with the aim of improving the health status of Travellers.
Although the life-term of the Strategy has expired it still
guides policy in the area.
261. 229. A key element of the approach taken to provide
targeted health services to Travellers was the development
of a model for Traveller participation in the development of
health services. This was achieved through the Primary
Healthcare for Travellers Projects which play a key role in the
delivery of health services to Travellers. The Projects are
peer led initiatives and play an invaluable role in delivering
measures aimed at improving the health status of the
Traveller community.
262. 230. Travellers, mostly Traveller women, are recruited
from the Traveller community and trained to work as
Community Health Workers in the Projects. This allows
primary health care to be developed based on the Traveller
communitys own values and perceptions so that positive,
long term outcomes can be achieved by enabling individuals
to improve their health through informed health care, self
help and mutual aid. The Projects are credited with bringing
real and substantial benefits to the Traveller communities
where they are located. The Projects began in 1994 and now
there are over 40 projects involving over 450 participants.
The core training modules for Primary Healthcare for
Travellers Projects were awarded accreditation at FETAC level
3 in 2008.
263. 231. The commitment to Traveller health is also
reflected in the significant resources allocated to the
commissioning of the All Ireland Traveller Health Study, the
findings of which were published on 2 September 2010. It
was the first such study of the health status of Travellers
since 1987 and the first that involved Travellers from both
the North and South of Ireland. It was jointly funded by the
Department of Health in Ireland and the Department of
Health, Social Services and Public Safety in Northern Ireland
and supported by the Health Service Executive.
264. 232. One of the key findings from the study is that
Travellers of all ages continue to have much higher mortality
rates than people in the general population, with Traveller
men now living on average 15 years less than men in the
general population and Traveller women living on average
11.5 years less than women in the general population.
Deaths from respiratory diseases, cardiovascular diseases
and suicides were more markedly increased in Travellers
compared to the general population. Among the positive
results from the study were evidence of good access to
health services and improvements in Traveller womens
health.
Refugees and Asylum Seekers
265. 233. Irelands asylum system is based on a number of
key principles:
Meeting our obligations under international law such as
the 1951 Convention Relating to the Status of Refugees;
Ensuring that persons who are found, after a fair and
efficient determination process, not to be in need of
protection are returned to their countries of origin as quickly
as this can be arranged;
Ensuring that we have robust systems in place to
prevent abuse in our protection system by persons who are
entering the State for purposes other than seeking
protection from persecution.
266. 234. The processing of asylum applications and other
applications for leave to remain takes place within a well
defined national and international (1951 Refugee
Convention, EU Directives and Regulations) legal framework
which must be complied with. Accordingly all applications for
refugee status are examined in accordance with the
statutory requirements set out in the Refugee Act 1996 and
the various statutory instruments governing the processing
of applications. Where it is established that a well-founded
fear of persecution exists, the applicant will be granted
refugee status.
267. 235. The Refugee Act, 1996 (as amended) was
commenced in full on 20 November 2000. The Act placed the
procedures for processing applications for refugee status on
a statutory footing and resulted in the establishment of two
independent offices which make recommendations to the
Minister for Justice and Equality on whether such status
should be granted:
a Refugee Applications Commissioner to deal with
applications at first instance;
a Refugee Appeals Tribunal to deal with appeals against
negative recommendations of the Refugee Applications
Commissioner.
268. 236. The scope of the Act is wide-ranging and, as well
as dealing with first instance decisions and appeals, also
covers the right to legal representation and interpretation
and provides specifically for a direct contribution to be made
by the Office of the UN High Commissioner for Refugees to
the asylum determination process.
269. 237. On 10 October 2006, the European Communities
(Eligibility for Protection) Regulations, 2006 were signed into
domestic law. The Regulations give full effect in Irish law to
the provisions of Council Directive 2004/83/EC on minimum
standards for the qualifications and status of third country
nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted.
270. 238. On 1 March 2011, the European Communities
(Asylum Procedures) Regulations 2011 and the Refugee Act
1996 (Asylum Procedures) Regulations 2011, came into
effect for the purpose of giving further effect in Irish law to
the Directive on minimum standards on procedures in
member States for granting and withdrawing refugee status
(Council directive 2005/85/EC: The Asylum Procedures
Directive).
271. 239. The Legal Aid Board operates a specialised service
which provides independent, confidential legal advice and
assistance at all stages of the asylum process to persons
applying for asylum in Ireland. Applicants may register with
the Board at any stage of the asylum process initial
application, appeal stage and, post-asylum, in relation to
matters such as applications for humanitarian leave to
remain.
272. 240. The number of asylum applications received for
each year since 1998 are shown below. It will be noted that
application volumes have dropped year on year since 2002
when volumes peaked at 11,634. The number of asylum
applications received in 2012 was 956 which represents a
25.9% decrease on the 2011 figure and is the lowest annual
total since 1995.
1998 4,626 2003 7,900 20083,866
1999 7,724 2004 4,766 20092,689
2000 10,938 2005 4,323 20101,939
2001 10,325 2006 4,314 20111,290
2002 11,634 2007 3,985 2012 956
273.
274. 241. At the end December 2012, there were 219
asylum applications on hand in the Office of the Refugee
Applications Commissioner (ORAC) whereas there were 602
appeal cases pending in the Refugee Appeals Tribunal (RAT).
275. 242. In 2012, the Minister made 1,023 decisions
relating to refugee status. The median processing time from
the date of the initial asylum application at ORAC, through
the appeal stage at RAT, to a final decision by the Minister
was 8.3 months in 2012. Processing times are determined by
a range of factors such as the increasing complexity of the
caseload and sometimes judicial review proceedings.
276. 243. Persons who are refused asylum enter what is
commonly referred to as the leave to remain process under
Section 3 of the Immigration Act 1999. This is separate to
the asylum or refugee status determination process.
277. 244. The leave to remain process involves
consideration of applications for subsidiary protection and
other reasons which a failed asylum seeker may present for
remaining in the State. The processing of such cases is
complex and extremely resource intensive and must be done
in strict compliance with the Constitution, together with
relevant international treaties, such as the European
Convention on Human Rights.
278. 245. INIS continues to examine ways to improve
processing and in accordance with the specific commitment
in the Programme for Government to introduce
comprehensive reforms of the immigration, residency and
asylum systems, which will include a statutory appeals
system and set out rights and obligations in a transparent
way. The Immigration, Residence and Protection Bill which
the Minister intends to re-publish should substantially
simplify and streamline the existing arrangements for
asylum and Subsidiary Protection by the introduction of a
Single Procedure so that applicants can be provided with a
final decision on their application in a more straightforward
and timely fashion.
279. 246. Pending the enactment and commencement of the
new legislation and with a view to improving processing in
the area of international protection, it is proposed to
introduce new arrangements for the processing of subsidiary
protection applications in light of recent judgments in the
Superior Courts. The Department of Justice and Equality, in
consultation with the Attorney Generals Office, is developing
a new legislative and administrative framework for the
processing of current and future subsidiary protection
applications.
280. 247. In addition, and with a view to streamlining the
management and processing by the Courts of applications
for judicial review in the asylum and immigration areas, it is
proposed to bring forward proposals to amend the statutory
provisions relating to judicial review which are set out in the
Illegal Immigrants (Trafficking) Act 2000.
281. 248. Decisions to Grant or Refuse Refugee Status at
first instance (ORAC) and Appeal State (RAT) 2006 2012:
Year Decisions to Grant Refugee Status Decisions to Refuse
Refugee Status Total Decisions Grant Rate
2006648 5,461 6,109 10.6%
2007581 4,964 5,545 10.5%
2008588 5,934 6,522 9.0%
2009363 6,398 6,761 5.4%
2010153 4,465 4,618 3.3%
2011132 2,698 2,830 4.9%
2012 92 931 1,023 9.0%
Total 2,557 30,851 33,408 7.6%
282.
283. 249. The recognition rate for 2012 was just over 9%.
The trend in the surrounding years serves to illustrate that
recognition rates can go up and down commensurate with
the merits or otherwise of the applications presented. This
point is further illustrated by reference to the grant rate to
date in 2013 (Jan-May) which stands at 19.4%.
284. 250. Applications for refugee status in the State are
assessed at first instance by the Office of the Refugee
Applications Commissioner in accordance with a prescribed
legal framework and exclusively on their merits having
regard to their subjective and objective elements.
285. 251. In 90% of the decisions reached by the Refugee
Appeals Tribunal in 2012, the recommendations of the ORAC
were upheld. This is in line with the percentage of ORAC
decisions upheld on appeal over the previous five years.
Racism
286. 252. The Government of Ireland is committed to
promoting policies which integrate minority ethnic groups in
Ireland, and which promote social inclusion, equality,
diversity and the participation of immigrants in the
economic, social, political and cultural life of their
communities. A significant level of activity is taking place in
pursuit of this commitment.
287. 253. A number of key departments and agencies have
developed specific strategies to ensure that their services
respond to Irelands changed demographic in an inter-
culturally competent and inclusive manner. The strategies
developed include: an Intercultural Health Strategy; an
Intercultural Education Strategy; a Cultural and Arts Policy
and Strategy; the Garda Sochna (Police Service) Diversity
Strategy; and an Action Strategy for Integrated Workplaces.
288. 254. Between 2008 and 2012, the Office for the
Promotion of Migrant Integration gave grant funding of
12,607,210 for integration purposes. The table below gives
a broad breakdown of funding over the five year period:
Office for the Promotion of Migrant Integration:
Funding from 2008 - 2012
National Sporting Organisations 1,760,941
City/ County Councils 3,282,027
Faith-based Organisations 93,600
Integration Funds, Grants to Other Organisations
7,470,642
Total 12,607,210
289.
290. 255. The Office for the Promotion of Migrant Integration
also developed a website which was launched in 2009. This
website provides migrants with access to information on a
wide range of relevant topics including developments in the
area of integration/ diversity management, information for
migrants as well as the responsible bodies in place who deal
with reports of racist incidents or discrimination.
291. 256. The HSE National Intercultural Health Strategy
2007 2012 provided a framework within which the health
and care needs of people from diverse cultures and ethnic
backgrounds should be addressed, with staff supported in
delivering responsive, culturally competent services.
292. 257. A comprehensive whole of government strategy,
Healthy Ireland, was launched in 2013 which aims to
improve the health and well being of all people in Ireland and
contains a strong commitment to getting better health
outcomes for those people from disadvantaged
communities. It aims to do this by improving cross-
government and inter-agency working and by working in
partnership with key stakeholders, and by improving the
monitoring of health outcomes. A programme of more
detailed work to achieve this is now in the process of being
developed.
293. 258. Implementation of the recommendations of the
strategy took place on a phased basis over a five-year time
frame. Priorities that have been addressed are translation of
information, work around developing standardised models of
interpretation and staff learning and support. Within these
areas, the approach taken is one of mainstreaming, where
actions are aimed at enhancing access for all service users
on an equal basis.
294. 259. Following a commitment given at the World
Conference against Racism in Durban in 2001, the Strategic
Monitoring Group for the National Action Plan Against Racism
was established. In January 2005, the Taoiseach and the
Minister for Justice, Equality and Law Reform launched their
report Planning for Diversity- the National Action Plan
Against Racism 2005- 2008, which, inter alia, contained ten
outcomes for the education sector, one of which was to
develop a national intercultural education strategy with
reference to equality/ diversity policy.
295. 260. In 2008 the Minister for Education and Skills and
the Minister of State for Equality, Integration and Human
Rights were tasked with the development of an intercultural
education strategy. An extensive consultation process was
undertaken and the Intercultural Education Strategy, 2010
2015 was developed. The Intercultural Education Strategy
(IES) aims to ensure that:
296. i. all students experience an education that
respects the diversity of values, beliefs, languages and
traditions in Irish society and is conducted in a spirit of
partnership (Education Act, 1998).
297. ii. all education providers are assisted with
ensuring that inclusion and integration within an intercultural
learning environment become the norm.
298. The IES was developed in recognition of the significant
demographic changes in Irish society, which are reflected in
the education system. The Strategy builds on existing work
in this area and seeks to be of relevance for all sectors of
education, in line with the high level goal of the Department
of Education and Skills to support and improve the quality,
relevance and inclusiveness of education for every learner in
our schools.
299. 261. The Office for the Promotion of Migrant
Integration, Department of Justice and Equality, has
responsibility for leading and coordinating work relating to
the integration of legally resident immigrants. While primary
core funding for integration is spent by mainline
Departments who provide services on a mainstream basis,
the Office for the Promotion of Migrant Integration provides
seed funding in key areas to facilitate integration and to
address racism.
Homicide offences 66 78 + 12
+ 18.2
Sexual offences 2,014 2,059
+ 45 + 2.2
Attempts or threats to murder, assaults, harassments
and related offences 17,062 15,313 -
1,749 - 10.3
Dangerous or negligent acts 9,946
9,012 - 934 - 9.4
Kidnapping and related offences 109 98
- 11 - 10.1
Robbery, extortion and hijacking offences
2,932 2,818 - 114 - 3.9
Burglary and related offences 27,695
27,774 + 79 + 0.3
Theft and related Offences 76,975
76,549 - 426 - 0.6
Fraud, deception and related offences 5,370
5,544 + 174 + 3.2
Controlled drug offences 17,695 16,471
-1,224 - 6.9
Weapons and explosives offences 3,484
3,011 - 473 - 13.6
Damage to property and to the environment
35,575 32,609 -2,966 - 8.3
Public order and other social code offences
49,060 43,780 -5,280 - 10.8
Offences against Government, justice procedures and
organisation of crime 10,178 8,852
-1,326 - 13.0
In employment
In employment
Lone parent
In employment
In employment
Male
In employment 26 22 25 22 27 23 27
31 35
Unemployed 45 49 48 52 47 47 44
40 39
Not in the labour force 29 29 27 26 27
31 29 30 27
Female
In employment 26 22 23 21 24 21 27
29 22
Unemployed 22 20 20 29 23 22 23
22 23
Not in the labour force 53 59 58 50 52
57 51 49 55
All persons
In employment 26 22 24 22 26 22 27
30 30
Unemployed 36 37 36 43 37 36 35
32 33
Not in the labour force 38 42 40 36 38
42 38 38 38
In employment 40 42 41 36 38 41 39
39 40
Unemployed 17 18 17 16 19 19 16
14 17
Not in the labour force 43 40 42 49 43
40 45 47 43
Female
In employment 45 44 43 43 43 45 43
40 43
Unemployed 12 12 11 10 14 14 10
10 14
Not in the labour force 44 44 46 47 43
42 47 49 43
All persons
In employment 42 43 42 39 41 43 41
39 42
Unemployed 14 15 14 13 16 16 13
12 15
Not in the labour force 43 42 44 48 43
41 46 48 43
Male
In employment 54 53 52 52 51 52 52
55 56
Unemployed 18 18 18 20 19 20 19
18 17
Not in the labour force 28 29 30 29 30
28 29 28 27
Female
In employment 35 34 34 33 33 32 32
33 33
Unemployed 6 6 6 7 6 6 5
6 6
Not in the labour force 59 60 60 61 62
62 62 61 61
All persons
In employment 46 45 44 43 43 43 43
45 46
Unemployed 13 13 13 14 13 14 13
13 12
Not in the labour force 42 43 43 43 44
43 44 42 42
Male
In employment 78 78 78 78 78 78 79
78 78
Unemployed 12 12 12 12 12 12 11
11 11
Not in the labour force 10 10 10 10 10
10 11 11 11
Female
In employment 69 68 69 68 69 68 68
68 68
Unemployed 6 7 6 7 6 7 6
7 7
Not in the labour force 26 25 25 26 25
26 25 26 25
All persons
In employment 73 73 73 73 73 73 73
73 73
Unemployed 9 9 9 9 9 9 8
9 9
Not in the labour force 18 18 18 18 18
18 18 19 18
300.
Rumours are rife that yet another General Election, just 12
months on from the last one, is on the cards over the
absolute nightmare that has emerged from the Sergeant
Maurice McCabe debacle.
Sinn Fein have called on Fianna Fail to pull their support from
the government in what would immediately result in a
General Election.
Poll Results:
http://www.thejournal.ie/poll-mccabe-gardai-confidence-3234905-
Feb2017/
Poor Zapperoni ... she thought she was a member of the club
because she kept sucking up to Kenny. But when the shit hit
the fan Zapper found herself alone and without friends. The
Blueshirts stick together in all kinds of weather
IRS CRIMINAL INVESTIGATION-AN OVERVIEW IMF-Japan High
Level Tax Conference for Asian and Pacific Countries February 1,
2012
http://www.imf.org/external/np/seminars/eng/2012/asiatax/pdf/irs.pdf
Sgt McCabe in favour
of external criminal
probe, says Howlin
Updated / Saturday, 11 Feb 2017
Article: http://www.thejournal.ie/martin-callinan-sim-card-
3229548-Feb2017/
RT has been dragged into the
Garda whistleblower mire
A new commission of investigation into the saga is to probe whether or not
the Garda Commissioner orchestrated broadcasts on RT in May 2016.
February 11, 17
http://www.thejournal.ie/rte-commission-of-investigation-
3229970-Feb2017/
Commission of Investigation Certain Matters relative to
the Cavan Monaghan Division of the Garda Sochna Final
Report
http://www.justice.ie/en/JELR/Commission_of_Investigatio
n_Certain_Matters_relative_to_the_Cavan_Monaghan_Divis
ion_of_the_Garda_S
%C3%ADochna_Final_Report.pdf/Files/Commission_of_In
vestigation_Certain_Matters_relative_to_the_Cavan_Monag
han_Division_of_the_Garda_S
%C3%ADochna_Final_Report.pdf
Commission of Investigation (Certain matters relating to two
disclosures made by members of An Garda Sochna under the
Protected Disclosures Act 2014) Order 2017
http://cdn.thejournal.ie/media/2017/02/terms-of-
reference.pdf
Earlier today, OSullivan strongly refuted allegations made
against her by Labour leader Brendan Howlin under Dil
privilege in Leinster House this morning.
Howlin, together with Sinn Fin, earlier this evening called for
OSullivan to stand aside from her role while the Charleton
inquiry is carried out.
How many more un-investigated files exist?
Is there one about you?
@GreensladeR
Tuesday 19 January 2016 08.08 GMT
Irelands prime minister, Enda Kenny, has taken a strong line
with the countrys police watchdog after it was revealed that
the body accessed journalists phone records.
According to the Irish Times, he indicated that it might be
necessary to change legislation in order to limit the powers
of the Garda Sochna Ombudsman Commission (GSOC).
The paper, in company with the Irish Independent, reported
Kenny as saying: Clearly the fundamental principle of
journalistic sources being confidential is very important in a
democracy.
After a week of controversy about the matter, which I
reported on yesterday, the Dublin government is planning to
review the GSOCs powers.
Investigation launched
into GSOC access of
journalists' phone records
Kevin Doyle, Shane Phelan and Sarah-Jane Murphy
PUBLISHED
19/01/2016
1
Frances Fitzgerald. Photo: Steve Humphreys
The Cabinet has given approval for the
appointment of a legal expert to review the
legislation which allows GSOC to access the
phone records of journalists.
As revealed in the Irish Independent this morning, Justice
Minister Frances Fitzgerald wants an independent person to
study best international practice in the area and suggest any
legislation changes that might be required.
It is expected that the review will look at the ease with which
GSOC and An Garda Siochana can access phone records.
The watchdog has been embroiled in three scandals in the
past two years, including one where it incorrectly claimed
garda were bugging its offices.
And it emerged last week that GSOC accessed the phone
records of two journalists following a complaint by a friend
of the late model Katy French about alleged garda leaks.
Today, John Wilson, a former garda turned whistle-blower,
has said that accessing the phone records of journalists is
something which should only happen in extreme
circumstances.
Mr Wilson said he believed warrants permitting such
surveillance should be issued by a judge in every case.
"When I was a garda we were told not to have any contact
with journalists.
"However we know that journalists need sources in order to
survive - if they don't have sources then important
information won't come into the public domain.
"In the past some information was drip fed to the media to
discredit Maurice McCabe and myself," he told The Pat
Kenny Show on Newstalk.
Wilson referred to a recent Supreme Court decision that
recognised the right of journalists to protect their sources.
"The greater good should prevail, and giving GSOC the
power to trawl through journalists phone records is not the
answer.
"We need more transparency between journalists and the
gardai, some reporters are briefed regularly by members of
the gardai and that's not good for anyone," Mr Wilson, who
is standing as an Independent candidate in the
Cavan/Monaghan constituency for the general election, said.
"All warrants should be issued by a judge and accessing the
data of journalists is something that should only happen in
extreme circumstances.
"There is no law that says you cannot speak to a journalist
and there's a proud tradition of investigative journalism in
this country - I don't want anything to damage that," he told
host Pat Kenny.
Meanwhile, Fianna Fail Justice spokesperson Niall Collins
has said that the government have not tackled the issue
effectively.
"Nobody is above the law, and it's very important that the
right balance is achieved here.
His party has created draft legislation which aims to prevent
GSOC gaining access to confidential communications
between journalists and sources in the absence of a court
order.
Collins will introduce the Garda Sochna (Amendment) Bill
2016 in the Dil today.
Under the proposed legislation, the High Court can only
grant GSOC an order in exceptional circumstances where
the public interest so required.
"Fianna Fail's bill will require GSOC to apply to to the High
Court for an 'application to proceed' prior to accessing a
journalist's phone records.
"The relevant journalist will be on notice and can make an
ancillary application.
"Our aim is to protect the independence of GSOC and the
freedom of the press," he told RTE News at One's
programme.
Meanwhile former Press Ombudsman, Professor John
Horgan, told RTE's Morning Ireland that the current process
of monitoring the interception of electronic communications
is "wildly insufficient".
"I'm not sure that what needs to be done is something that
will take a commision of inquiry or any very lengthy course
of activities. What seems to have happened is that this power
was given to GSOC in a sort of catch-all way. Nobody
stopped in time to think about what kind of modality should
govern this power. As far as I know the only constraint on
this is that the judge would look on the record of
interceptions made under this power once a year and that's
insanely, wildly insufficient."
Last night Taoiseach Enda Kenny slapped down the scandal-
ridden garda watchdog for snooping on the phone records of
journalists.
Responding for the first time to the revelations that
communications by journalists were being monitored, Mr
Kenny said: "Clearly the fundamental principle of
journalistic sources being confidential is very important in a
democracy."
Mr Kenny's stinging rebuke has placed intense pressure on
the embattled Garda Sochna Ombudsman Commission
(GSOC).
The Taoiseach said there was a difference between "this kind
of incident and one where national security might arise".
He said: "The minister will respond appropriately and
quickly in this regard".
The Irish Independent understands that Justice Minister
Frances Fitzgerald will seek approval from Cabinet today to
appoint an "eminent person" from the legal profession to
review the laws that allows GSOC to access data on
journalists' phone calls.
This person will be tasked with reviewing international best
practice and looking at the Communications (Retention of
Data) Act 2011 which GSOC has relied on when accessing
phone records of journalists.
A source said: "The review will only look at the section as it
relates to journalists so it will be completed as soon as
possible. It will not be a drawn-out process."
However, any legislative changes that might be
recommended by the review are highly unlikely to be drafted
before the general election.
At the weekend, Ms Fitzgerald proposed a "scoping exercise"
within her department - but the Taoiseach and Tnaiste
injected a new urgency into the debate yesterday.
"Minister Fitzgerald is looking at this on the basis of the
protection of the sources of information for journalists in a
free world, in a free press," Mr Kenny said.
"Fundamentally, I think that where issues like this are
concerned that it would be appropriate that the legislation be
reformed to reflect that.
Because whatever else people might argue about, there has
always been a consistency about the protection of sources for
information for members of the press in a democracy like
ours," he added.
Tnaiste Joan Burton said it "goes without saying that the
protection of journalism sources is of critical and primary
importance, and the Government will address that".
It is understood the Labour Party favours a system similar to
the UK whereby each application for accessing data on a
journalist's phone usage would be examined by an
independent judge.
Last night a spokesperson for GSOC refused to comment on
the Taoiseach's criticism.
Upheaval
The commission has declined to answer questions from the
media on the furore to date.
Public Expenditure Minister Brendan Howlin has said it
strikes him that the situation in Britain is one that should be
looked at.
On his way into todays Cabinet meeting the Labour Party
minister said he wanted to see what proposals Frances
Fitzgerald brings forward.
But he added that if GSOC is of a very strong view that it
needs to access information about journalists phone calls
that should require the authorisation of an independent
judge.
The complaints body was previously at the centre of major
political upheaval two years ago when it claimed garda were
bugging its offices.
And last summer it emerged that a garda in Donegal who
took his own life had been the subject of a GSOC
investigation following a fatal traffic accident - but was not
told that he had been cleared of wrongdoing.
In a letter to his wife, Sergeant Michael Galvin of
Ballyshannon Garda Station in Co Donegal said he could not
take the pressure of the GSOC investigation which had left
him feeling like a criminal.
Last week it was revealed that GSOC accessed journalists
telephone records.
There are also concerns it has accessed one journalist's
emails contacts.
http://www.independent.ie/irish-news/investigation-launched-into-
gsoc-access-of-journalists-phone-records-34377459.html
No widespread
snooping on private
citizens - Fitzgerald
Updated / Wednesday, 20 Jan 2016 23:22
Frances Fitzgerald says 91 requests were made over the last year by
State agencies to access phone records
Minister for Justice Frances Fitzgerald has said there is
no widespread snooping by State agencies on private
citizens.
She said 91 requests were made over the last year to
access phone records, although she would not reveal
the number of journalists included in that number.
Ms Fitzgerald added that requests were only made in
relation to serious crimes being investigated and she
repeated that she is waiting for the completion of the
review by former chief justice John Murray.
He will report back within three months and his review
will cover access to phone records by garda, the
Defence Forces and the Revenue Commissioners, who
can all obtain the information under current law.
Yesterday Ms Fitzgerald defended her decision to
review rather than amend legislation that allows some
State agencies access phone records without a
warrant.
Cabinet has backed an independent investigation into
the accessing of three journalists' telephone records by
GSOC.
Under new powers given to it last year, GSOC may
access journalists' personal phone records if necessary
as part of investigation.
http://www.rte.ie/news/2016/0120/761558-fitzgerald/
M
M
Speaking in Kildare yesterday, Taoiseach Enda Kenny
seemed to grasp the gravity of the situation when he
acknowledged that it would be appropriate to amend
legislation to ensure that the power to access phone records
is used sparingly and only in cases involving national
security.
The catalyst for the current debate was the decision by GSOC
to use relatively new powers under the Communications
(Retention of Data) Act 2011 to access the personal phone
records of two journalists as part of its investigation into
alleged leaks by members of An Garda Sochna . The alleged
leaks related to the high-profile, tragic death of Katy French
in 2007.
While there has been criticism of the GSOC investigation, the
priority now must be to ensure the powers given to the
commission are reviewed.
There is no evidence so far that GSOC acted outside the law -
merely that GSOC used powers which it should never have
been given to investigate a complaint which, however
legitimate it may have been, could never be classed as being
so significant that a fundamental freedom enjoyed by the
press should be undermined.
The Supreme Court has recognised the right of journalists to
protect confidential sources of information. That right is
recognised in international law.
Yesterday, in Kildare, the Taoiseach was unambiguous.
"Clearly, the fundamental principle of journalistic sources
being confidential is very important in a democracy," he said.
"Minister Fitzgerald is looking at this on the basis of the
protection of the sources of information for journalists in a
free world, in a free press," he added.
Last week, there was cross-party support for the right of
journalists to protect confidential sources of information - so
it's safe to assume Mr Kenny's comments would not be
contested by his political opponents.
In these circumstances, would it be too much to hope the
party whips would get together and enable the Houses of the
Oireachtas to consider amending legislation before the
election is called?
A starting point would be to reverse the changes which
granted the powers to GSOC but, as Dr T J McIntyre of
Digital Rights Ireland pointed out in this newspaper last
week, we do need a wider look at the way the State treats
data belonging to all citizens, not just journalists.
The fact that there is currently no requirement that a judge
grant a warrant before phone records are examined by garda
or GSOC is a function of inadequate legislation.
Any legislative reform must be based on the principle that
access is only permitted following independent, judicial
assessment and is demonstrably necessary. There must be a
public interest test.
The Katy French complaint has understandably led to a focus
on journalists - but this is not just about the rights of the
media.
Sensitive communications, such as those between lawyer and
client or TD and whistle-blower, are equally vulnerable.
Currently, the Act allows for an appeals procedure, in the
case of individuals, and a judicial review of how legislation is
being used. However, the appeal is of limited value,
occurring after a journalist has discovered his or her
confidentiality has been breached.
Many citizens are disturbed by the discovery that phone
records can be scrutinised by GSOC. It is correct that citizens
have a right to make complaints against An Garda Sochna
and it is correct that garda have a right to defend
themselves. It is also the right of the media to operate with
freedom. I do not imagine for a moment that the
Communications (Retention of Data) Act 2011 will become a
dominant issue in the forthcoming election.
However, a prompt legislative response supported by all
parties might restore belief in the ability of the political
system to recognise a problem and address it in a timely
manner.
http://www.independent.ie/irish-news/politics/is-it-too-much-to-hope-
for-law-on-snooping-to-be-changed-before-election-is-called-
34375703.html
Tom Brady
EMAIL
PUBLISHED
19/01/2016
The GSOC was set up to deal primarily with complaints from the
public about the behaviour of garda and provide an independent
oversight of the force Photo: Niall Carson/PA Wire
Since it began operations in 2007, the Garda
Sochna Ombudsman Commission (GSOC)
has been mired in controversy.
It was set up under the Garda Sochna Act, 2005, to deal
primarily with complaints from the public about the
behaviour of garda and provide an independent oversight of
the force.
GSOC's mandate is to independently investigate complaints
where a garda is alleged to have committed an offence or
behave in a way that would justify disciplinary proceedings.
http://www.independent.ie/opinion/comment/watchdog-has-lurched-from-one-
crisis-to-next-34375702.html
Sources said the garda is based in the Leinster area and has
been subject of genuine threats in the past. However, he is
now under suspicion of posting a death threat to his own
home address.
http://www.oireachtas.ie/documents/bills28/acts/2005/2005.pdf
Shatter-V Guerin-judgment ALAN SHATTER AND SEAN GUERIN
[2014 No. 478 JR] APPLICANT RESPONDENT JUDGMENT of Mr.
Justice Noonan delivered the 20th day of May, 2015
THE HIGH COURT [2014 No. 478 JR] ... independent inquiry into
allegations made by Garda Sergeant ... Commissioner under
regulation 15 of the Garda
https://www.rte.ie/documents/news/shatter-v-guerin-judgment.pdf
"Report 5, Arrest and Detention of 7 persons at Burnfoot, County
Donegal on May 23, 1998 and the Investigation relating to same
Conclusions and Recommendations- The Danger of Indiscipline"
https://web.archive.org/web/20060927151441/http://www.justice.ie/80
256E010039C5AF/vWeb/flJUSQ6SREZX-en/$File/Morris5thRpt.pdf
Government appoints
outgoing Revenue
Commissioners chairman
head of new independent
policing authority
Tom Brady
EMAIL
PUBLISHED
13/11/2014 | 16:15
* SHARE
1
Josephine Feehily: Soon to step down from Revenue
The outgoing chairman of the Revenue
Commissioners has been appointed by the
government to take charge of the new
independent policing authority.
Justice Minister Frances Fitzgerald announced this
afternoon that Ms Josephine Feehily would bring a wealth
of experience and competences to her new role.
She will be chairperson-designate until legislation
establishing the authority has been fully enacted.
Ms Feehily as 41 years experience, working in large
organisations at home and overseas.
The authority chairperson will now be actively involved in
the selection of the new garda commissioner.
Candidates for that post have been whittled down to three,
including the current acting commissioner, Noirin
OSullivan.
It is expected that the successful candidate will be
announced early next month.
Draft legislation setting up the new authority was published
earlier this month by Justice Minister Frances Fitzgerald.
The authority, according to the minister, will:
Garda Commissioner Noirin O'Sullivan who was tasked last year with
a second internal inquiry into the activities of an undercover English
police officer:
07 February, 2017
/.related-extra
Metropolitan police undercover officer Mark Kennedy, whose
activities have been the subject of two Garda inquiries
ACTIVISTS who allege a British undercover
police officer operated in Ireland have branded
a Garda inquiry into his activity a whitewash.
Garda Commissioner Noirin O'Sullivan was
tasked late last year with a second internal
probe into the activities of a spy from London's
Metropolitan Police after an original inquiry in
2011 found no evidence of criminality.
Campaigners wrote to Justice Minister Frances
Fitzgerald demanding she seek Ireland's
inclusion in a public inquiry in England and
Wales over undercover policing.
Activist Kim Bryan, who claims she was
targeted by Met spy Mark Kennedy in England
and in Ireland, criticised the minister's
response.
"I am bitterly disappointed by the closed
process Frances Fitzgerald has established,
with an internal garda report into undercover
policing," she said.
"It makes a mockery of the justice process if
this review examining undercover policing in
Ireland does not take into account the evidence
of those that were spied on, and as such I
would seriously question its legitimacy."
The Shell to Sea campaign, which opposes the
Shell Corrib gas project in Mayo, and
Shannonwatch, which opposes the use of Irish
airports by US military also claim to have come
in contact with Mr Kennedy.
Ed Horgan, Shannonwatch spokesman and a
United Nations elections' inspector, said: "We
would be very supportive of a proper
investigation into this guy's actions. Who paid?
Why? Were the gardai using such an agent
provocateur?"
Mr Kennedy is believed to have been in Ireland
between 2004 and 2006.
Anti-globalisation campaigner Jason
Kirkpatrick, who says he was a victim of abuses
by the Met's undercover unit, is taking a High
Court challenge in Belfast this week to force
the public inquiry in England and Wales to be
extended to Northern Ireland.
The inquiry was announced by then home
secretary Theresa May in March 2015 under
the leadership of Sir Christopher Pitchford,
following revelations about the activities of Mr
Kennedy, who admitted having ''intimate
relationships with a number of people while
undercover''.
Mr Kirkpatrick and Ms Bryan are among 200
core participants in the Pitchford inquiry.
Forty-two cases have been found where dead
children's names were used to provide cover
identities for officers by the inquiry and there
have been calls to extend the Pitchford inquiry
to cover actions of officers in Germany and
Scotland.
In a reply to a series of parliamentary
questions on the issue of British undercover
police in Ireland, Ms Fitzgerald has repeatedly
said that see would "fully consider" any
findings that relate to Ireland.
The Department of Justice defended its request
for a second internal inquiry on the issue.
"The Garda authorities are in ongoing contact
with their counterparts in the London
Metropolitan Police Service in the context of co-
operation across a full range of policing
issues," a spokesman said.
"It should be noted that there is no question of
a police officer from outside the jurisdiction
exercising police powers here in Ireland. Any
such person is subject fully to our laws and any
evidence of breach of our criminal law would
be fully pursued."
US citizen Sarah Hampton said she has
received an apology from the Met after having
a year-long relationship with Mr Kennedy while
in Ireland in 2005.
She said she knew him as Mark Stone and that
she suffered deep depression after discovering
the truth.
"No-one should ever be under any
circumstance coerced, invaded, violated and
deceived by an undercover police officer
through sexual relationships," she said.
"Despite the apology I have many unanswered
questions. I have not received the files the
police have on me. I want to know to what
extent my private life has been invaded by the
UK police force and what justification is there
for it."
http://www.irishnews.com/news/northernirelandnews/2017/02/07/new
s/garda-inquiry-into-undercover-english-cop-whitewash--922273/
AN GARDA SOCHNA, A
POLICE FORCE MIRED IN
CONTROVERSY
AND CORRUPTION
October 3, 2016 Crime, Current Affairs, Politics 2 comments
Repeated allegations of systemic corruption have been
made by independent politicians and journalists against
sections of An Garda Sochna, Irelands national police
service, since at least the 1980s. These accusations
have ranged in severity from claims of undue influence
on the force by the main establishment parties, the
press and major business interests to out-right criminality
by individual officers. These fears have been given
renewed impetus in recent years thanks to a handful of
conscientious whistleblowers in the organisation leaking
stories of Garda law-breaking to attentive TDanna and
Seandir. Of course the Garda, the Director of Public
Prosecutions (DPP), the Department of Justice and the
government as a whole (of whatever composition) have
sought to limit the damage caused by these revelations
rather than seek out their remedy.
As I argued back in February of 2014:
The importation, sale and production of illegal
narcotics generates huge revenues for organised
criminal gangs and their associates in nation-states
across the Western world. These black market
operations do not exist in isolation but are part of far
larger networks of co-operation that exist on both
domestic and international levels. Truly successful
narco-gangs survive in part because they have
suborned a significant portion of the citizenry they
work among: specifically those in positions of power
and influence, and those who can impede or facilitate
their criminal enterprises. This has been observed in
several Latin American countries, in Asia, in Africa
and in a number of European territories. So can we
really believe the repeated assurances that our island
nation (where several underworld gangs have
diversified or morphed into narco-terrorist
organisations, deploying automatic
weapons, improvised explosive devices and no end of
willing recruits), is free of corruption in the spheres of
politics, policing and the judiciary?
That lack of confidence in the moral probity of the
institutions of the state is even more apparent two
years later. From a report in last weekends Sunday
Times newspaper:
Garda aided drug dealer, finds inquiry
An internal investigation into allegations of
gardai collusion in heroin dealing in a midlands
town has found evidence to substantiate
claims made by a police whistleblower in 2014.
The inquiry has also established that a senior
garda was warned about fears of corruption in
the force by members of the drugs squad in
2009 but took no meaningful action.
According to security sources, the internal
inquiry concluded that one garda was in a
relationship with a female heroin dealer One
witness told investigators that he was present
when this garda alerted local criminals to a
planned garda search the following day
The inquiry noted that in one notorious incident the
DPP was unable to proceed with the prosecution of a
known drug-dealer because it concluded that
members of An Garda Sochna in the small, rural
policing division were helping a rival gang eliminate
its competition.
The Broadsheet reminds us of a speech made in Dil
ireann on May 15th 2014, by the Sinn Fin TD Pearse
Doherty:
More than a month ago I was contacted by a
serving member of An Garda Sochna who
relayed to me very disturbing allegations in
regard to Garda practices in the Westmeath
division but not exclusive to that division. I
subsequently met with this garda and have
had a number of telephone conversations with
him since.
On the day that the former Minister for Justice
and Equality, Deputy Alan Shatter, resigned,
that garda called me and told me that as a
result of that resignation he now had more
faith in the confidential recipient process
Garda Keith Harrison claims that as a result of
arresting a member of the drugs unit in
Athlone for drunk driving, that Garda
management maliciously set out targeting him
while the arrested garda was afforded
protection by Garda management.
He claims that a managerial review of his high
work returns and practices was instigated and
persons who had past interactions with him in
the execution of his duties were invited by the
Garda to make complaints against him.
He claims that during this period from
September 2009 until March 2011, he was
office-bound while the garda he arrested, who
had been found with a high concentration of
alcohol, was still driving official vehicles and
carrying an official firearm.
Garda Harrison makes serious claims about
how the drunk driving case was struck out of
court on dubious rulings and how evidence
relating to the case was stolen by a member of
the Garda.
He also claims that a member of the Garda of
officer rank stationed in the Westmeath
division prevented successful prosecution of
individuals in a number of cases.
On Monday, I met with Garda Harrison again.
At that meeting there was also Garda Nicky
Kehoe, who is another serving Garda
whistleblower, and who has made serious
claims in regard to the connection of a major
heroin dealer in the Midlands and a senior
member of the drugs unit.
At that meeting copies of sworn affidavits were
given to me from both garda. Garda Harrison
claims that he had suspicions about a member
of the Garda who was working within the drugs
unit who may have been knowingly allowing
the sale and supply of drugs within the Athlone
district and that he had raised this with
management, but he claims that it fell on deaf
ears.
On the same day there was also this contribution
to An Dil by Mick Wallace TD, of the Independents 4
Change grouping:
One such story comes from a former garda
called Jack Doyle. His story gained some
attention around 2000. He revealed some
serious drug involvement by garda in the Cork
area and at the time the Garda authorities
confirmed that undercover garda had been
involved in the importation of illegal drugs into
the State in what they described as controlled
operations.
However, a spokesman said that these
operations were necessary in order to bring
the leaders of criminal drug gangs to justice.
Garda management rejected calls for an
inquiry into claims made by Jack Doyle, saying
nothing inappropriate had occurred.
We got a 27-page report from Jack Doyle into
the background to what went on. I will read
less than a page of it. He was speaking with
one of the drug runners with whom he had
become acquainted:
He recounted to me how they had many
opportunities to arrest the boss of the criminal
gang but failed to do so. When asked why, he
replied, They have a senior garda in their
pocket. He then recounted an incident in
Rosslare when he was returning with a
shipment of drugs. A customs officer stopped
him and was about to search his jeep when
two plain-clothes garda commandeered the
jeep and drove out of the terminal at speed,
being pursued by customs officers. A high-
speed chase ensued and the garda lost their
pursuers. As a result of this incident he said he
would never personally bring drugs in again.
He then proceeded to tell me about the many
runs he had done, bringing in cocaine, ecstasy,
cannabis and firearms. Massive amounts of
drugs were coming in and quantities were
allowed to get into the hands of the criminal
gang. He told me how he was being well
looked after financially by both the criminal
gang and the garda.
He then went on to tell me where he had left
a handgun in a wooden area in Cork. He
contacted a particular detective sergeant and
told him of the location, and drawing a map in
the area pinpointed it. On finding the location,
two garda threw in a number of firearms to
beef up the find. He explained that the press
reported it as a subversive arms find. When I
asked him why they would do this, he replied,
To further their careers in the force.
Their careers have progressed and one of them
is now an assistant commissioner. He was
appointed by the former Minister, Deputy
Shatter, and this same individual was involved
in the Boylan case which entails a very similar
story to Jack Doyles.
Jack Doyles career did not progress. He turned
up at his place of work one day and was told,
Jack, youre not coming in here. Youd better
go home. Youre finished, Jack. But, listen,
youll be grand; well look after your pension.
He was forcibly retired. That one of the garda
involved is now an assistant commissioner he
could actually be the next Commissioner
emphasises how important it is that the new
Commissioner should come from outside the
State with a new hierarchy built around him or
her as otherwise problems will not go away.
With suspicions that some serving garda have been
directly or indirectly complicit in drug-dealing,
gangland murders, the sexual abuse or
disappearance of children, and other crimes it is
worth remembering to what extremes the allure of
self-advancement will take some officers:
Senior Irish police officers planted fake IRA
bombmaking equipment and ammunition on
both sides of the Northern Ireland border to
reap praise for discovering them, according
to a report published yesterday.
The police from county Donegal in north-west
Ireland, went to bizarre lengths to orchestrate
high-profile bogus finds of homemade
explosives, bullets and fake prototype IRA
rockets in the early 1990s.
http://cdn.thejournal.ie/media/2014/07/20140710s103.pdf
Mick Heaney
Speaking on the Joe Finnegan show on Shannonside Radio, Councillor Hugh
McElvaney spoke openly about asking for bribes and incriminating himself to
'show RT up'. Audio: Shannonside Radio
Its a live broadcast that has already become a sensation, an
unintentionally hilarious snapshot of a harried public figure
trying to maintain their dignity while caught in the eye of a
tremendous storm.
Irish police planted
bogus IRA weapons
Corruption inquiry finds senior officers hoped to
impress RUC
Senior Irish police officers planted fake IRA bombmaking
equipment and ammunition on both sides of the Northern
Ireland border to reap praise for "discovering" them,
according to a report published yesterday.
The police from county Donegal in north-west Ireland, went
to bizarre lengths to orchestrate high-profile bogus finds of
homemade explosives, bullets and fake prototype IRA
rockets in the early 1990s.
The officers planted the hoaxes at a tense and violent
moment of Northern Ireland's Troubles, just before the first
IRA ceasefire in 1994.
Their aim was to impress the Royal Ulster Constabulary with
their skills. The fake finds were so elaborate and unchecked
they fooled a Northern Ireland minister who commended the
Irish government on the "heartening success" of one
operation.
The stories you need to read, in one handy
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Intheannualreportfor2012ofSenCuirrein,An CoimisinirTeanga,
publishedthismorning(andavailablehereonthewbsite),welearnofan
incredibleeventinDublincitywhereacitizeninhisowncountrywasdetainedby
force,handcuffedandescortedtoastationfornothinglessthanexercisinghis
constitutionalrighttobedealtwithinhisownlanguage.TheCoimisinirstates,
"Thepersondetainedinthecasewasnotinvolvedinanaccidentnorwerethere
anyallegationsmadeconcerningspeedingordrivingundertheinfluenceof
alcohol."Apparentlythedriver,whowasstoppedbytheGuardsinrelationtoa
roadtrafficmatter,foundhim/herselfarrestedandescortedinhandcuffstoa
GardastationandwasdetaineduntilaGardawasfoundwhocoulddealwithhim
throughIrish.
The Comisinir's report says:
The complainant said that the experience left him shamed and insulted and I was told several
times that I did not have a right to conduct business through Irish, that I should desist and that I
would not have been arrested if I hadnt spoken in Irish. It was approximately one hour from the
time of my arrest to my release but I felt under threat and nervous all the time. I am convinced
that I was arrested for speaking Irish and for that reason alone. Their excuse was that I was
refusing to give them my licence but that was not true at all. I am very disappointed, angry and
upset about what happened and about the lack of respect and the infringement of my rights
(trans.)
Irishisaforeignlanguage!
AsaresultoftheinterventionbytheCoimsinirTeangaSeniormanagementat
AnGardaSochnaareorganisinganoverhaulofproceduresfordealingwiththe
publicthroughIrish.Henotedthatnotwithstandingtheconstitutionalstatusof
Irish,itwasclearthatIrishspeakersweredealtwithasiftheywerespeakersofa
foreignlanguage.ThediscourseduringtheinvestigationplacedusingIrishand
dealingwithforeignnationalsinthesamespace,hesaid.
HewasstruckduringtheinvestigationbythefactthatGardawhohadreceived
theireducationwithinthiscountrysschoolssystemandhadfinishedtheirtraining
inTemplemoresomeshortyearspreviouslyhadinsufficientcommandofIrishto
askadriverwhenstoppedattheroadsideCadisainmduit?orseekhisaddress
throughIrish.Additionally,therewasnoadequatesupportsysteminplaceto
facilitatetheirinteractionwithamemberofthepublicwhosoughtinthissituation
toconducthisbusinessthroughIrish.(Seealsoparagraph"CompetanceinIrish"
below!)
The Findings:
The investigation made a finding of fact that the driver would not have been arrested under
section 107 of the Road Traffic Acts 1961-2011:
if he had spoken English;
if either of the two Garda had sufficient Irish to establish the drivers identity at the roadside; and
that the Garda Sochna authorities had provided insufficient information to make members of the
force aware of the language duties in their language scheme so as to ensure that members
who stopped a driver in these circumstances would know how to manage the situation;
that, notwithstanding the language duty that was contained in their language scheme, the Garda
Sochna authorities had not put in place any clear protocol to cater for a situation where a
member of the public, who was stopped on the roadside but had not been arrested, sought to
make the legitimate choice of conducting his business with An Garda Sochna in Irish.
Positivemanagement
ThepositiveattitudeoftheGardaCommissionerandseniormanagementtothe
implementationoftherecommendationsImadeonfootofthisinvestigationisa
matterofsomesatisfactiontomeanditappearsthattheysoughttointroduce
systematicchangeinordertoavoidarepetitionofsimilarincidents.Thisinvolves
promotinglanguageawarenessandtrainingaswellasthedevelopmentofnew
practicesandaprotocolinthisarea,hesaid.
Onestepforwardtwostepsback!
ThereportfromtheComisinir,whorunsaveryimpressiveandefficientoffice,is
fortheyear2012.Interestinglyenoughtheefficiencyinthisofficeinpresenting
timelyannualreportscontrastsmarkedlywiththatofForasnaGaeilge,whoselast
annualreportisfor2009.
ComplaintstotheofficeinAnSpidalwereupbysome3%andtheCoimisinir
instigatedsome13formalinvestigationsduringtheyear.Breachesinthelawwere
foundnotonlyontheGardaSochnabutalsotheDepartmentsofJustice,Public
Expendature&Reform,Environment&LocalGovernment,OSI,HSE,Central
Bank,NRA,UniversityofLimerickandlocalauthoritiesinEnnis,Kildareand
Donegal.
2012wasnotavintageyearforthepromotionoftheIrishlanguageinthepublic
sector,andforeveryonestepforwardthereappearedtohavebeentwosteps
backwards,accordingtoAnCoimisinirTeanga.
WhilestatisticsfromthemostrecentCensusshowedapositivetrendfromthe
previousone,witha7%increaseinthenumberofpeoplewhohaveIrishand
thosewhouseitdaily,therewasconsiderableconcernamongIrishspeakersabout
thefutureoftheIrishlanguageandseriousapprehensionabouttheStatesefforts
initsprotectionandpromotion.
Only9languageschemeswereagreedorrenewedduring2012,andatthat
annualrateofrenewalthecurrentschemesmightnotbefullyreplacedfortwelve
years,saidAnCoimisinirTeanga.
In10othercases,morethan6yearshaveelapsedsincetheMinisterforArts,
HeritageandtheGaeltachtrequestedstatebodiestopreparedraftlanguage
schemesbuttheyremaintobeagreed.
Dangerousprecedent
Afurthersignificantstepwastakenduring2012thatcouldproveadangerous
precedentwithregardtothelanguageschemesystem:forthefirsttimeever,a
schemewasamendedtocancelanobligationthathadpreviouslybeenconfirmed
whenamemberofthepubliccomplainedthatthestatebodyinquestionwasnotin
compliancewiththisobligation.
ThelanguageschemewasthatoftheDepartmentofJusticeandEquality,andthe
obligationinvolvedwasafairlyinnocuousonethatcostlittleandwasrelatively
simpletoimplement:arequirementthattheFitforviewingsectionofvideo/
DVDlabelssuppliedbytheIrishFilmClassificationOfficebeproducedin
bilingualformat.
TheDepartmentitselfhadidentifiedthiscommitmentasapriorityinitslanguage
scheme,andratherthanensuringitsimplementation,acomplaintfromamember
ofthepublicresultedeventuallyintheremovalofthecommitment.
IinformedtheDepartmentofArts,HeritageandtheGaeltachtthatitwas
unacceptableifastatebodywhichwasunhappywithacomplaintorwhichhada
findingmadeagainstitcouldsuccessfullyappealtotheDepartmenttobegranted
theannulmentofsuchanobligationthatwaspreviouslyconfirmedinalanguage
scheme.Thiswouldbeasignificantregressionandarestrictionoftheprinciples
concerningthepublicslanguagerightsasconfirmedinlanguageschemesand
wouldbeanadditionalblowtothecredibilityofthelanguageschemesystemas
operatedbytheDepartment,accordingtoAnCoimisinirTeanga.
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Trafficsigns
OnfootofaseriesofcomplaintsfromanindividualabouttrafficsignsinEnglish
onlyinEnnis,Co.Clare,theOfficeofAnCoimisinirTeangaconductedaformal
investigationduring2012.EnnisTownCouncilhadindicatedthatithadintended
dealingwithahistoricproblemoftrafficsignswhichwerenotincompliancewith
statutorylanguagerequirementsinaplannedprogrammeonagradualbasisovera
periodoftime,butareductioninbothfinancialandpersonnelresourcesasaresult
oftheeconomiccrisisleftmuchoftheissueunresolved.
ItwassignificantthattheCouncilhadinitiateditsownauditofthenumberof
trafficsignsnotincompliancewiththestatutorylanguageregulations,andinone
halfofthetownalone332signswereidentifiedwhosevaliditywasindoubt;on
thatbasis,theremaybeupto650invalidpublicsignsinEnnistown.A
significantexpenditureofstateresourcesallocatedforbilingualsignagewasused
forsignageinEnglishonlyinthesecases,notwithstandingthestatutory
obligationsthatwerebeingbreached.
ItisprobablethatEnnisisinnowayuniqueinthisregardandthatotherareas
mayalsonotalwayshavecompliedwiththelegislationconcerningbilingual
signage,butEnnisTownCouncilsownauditgivesanoverviewofthescaleofthe
problem.Apersoncouldbeforgivenforsuspectingincertaincasesthatitmay
havehappenedthatapolicyofpersonalconveniencemighthavebeeninconflict
withtherequirementtocomplywithlongestablishedobligationsconfirmedin
statutoryregulations.Localauthoritiesrequirethepublictocomplywiththelaw
inregardtothepaymentofrentandrates,refuseandhouseholdcharges,and
otherfees.Equally,localauthoritiesthemselvesarealsoobligedtoensuretheir
owncompliancewiththelaw,includingregulationsconcerningbilingualtraffic
signage,saidAnCoimisinirTeanga.
CompetenceinIrish
AnabsenceofstaffwithcompetenceinbothofficiallanguagesoftheStateisone
ofthemainfactorsrestrictingstatebodiesintheirdeliveryofservicestothepublic
inIrishaswellasinEnglish.During2012,theMinisterforPublicExpenditure
andReforminformedAnCoimisinirTeangathattheresponsibilityforthe
trainingandevaluationofcompetenceinIrishintheCivilService,previously
vestedinGaeleagras,wouldbetransferredtotheDepartmentofArts,Heritageand
theGaeltachtfromthebeginningof2013.AnCoimisinirTeangasuggestedina
reportonaninvestigationthatsuchamovewouldbemerelyapretenceanda
wasteoftimeifitsimplyreinforcedagainthesamedefectivearrangementswhich
havepatentlyfailedinover40yearstoensurethatthereisanadequatenumberof
staffwithcompetenceinIrishatvariouslevelsthroughouttheCivilService.The
MinisterforPublicExpenditureandReformhasagreedthatthetransferof
servicestotheDepartmentofArts,HeritageandtheGaeltachtwouldprovidean
opportunitytoreformthecurrentpracticesandthathisowndepartmentwas
committedtofindingthemechanismswhichwouldensurethatdepartmentscould
accessordeveloptheskillstoprovidetheirservicesinabilingualmanner.
Merger
AGovernmentdecisionwasannouncedinNovember2011tomergethefunctions
oftheOfficeofAnCoimisinirTeangawiththeOfficeoftheOmbudsmanaspart
ofthe PublicServiceReformPlan. ItwasreannouncedinNovember2012that
themergerwouldgoaheadandthatthestatutorypowersandfunctionsofAn
CoimisinirTeangaundertheOfficialLanguagesAct2003wouldbetransferred
totheOmbudsmanbutwouldbedelegatedbacktoAnCoimisinirTeangaby
amending legislation which was not yet published by the end of 2012. An
CoimisinirTeangawouldcontinuetobeappointedstatutorily,bebasedinthe
GaeltachtandwouldcontinuetoperformthecurrentfunctionsofAnCoimisinir
Teanga in an independent manner under the Official Languages Act. I have
formallyaskedtheDepartmentofArts,HeritageandtheGaeltachttoallowmy
Officetohavesightofthedraftstatutoryamendmentsandtopublishtheresultsof
thepublicconsultationprocessonthereviewoftheOfficialLanguagesActasa
preludetoanydiscussiononthematter,saidSenCuirrein.
http://galltacht.blogspot.ie/2013/03/handcuffedforspeakingirish.html
The Irish language has played a central role in shaping our
culture.
Its influence is so deep-rooted that it has nurtured Hiberno-
English an Irish solution to an English imposition. Because
of our history it, like other suppressed languages, has been
afforded a political status, an assumed patriotic integrity,
replicated in other countries once colonised. Whether this is
permanent or even relevant today is an open question.
Despite that, and despite the great emotional and almost
spiritual attachment some Irish people feel for the language,
it has not been central to Irish life for over a century.
Nevertheless, the 2011 census recorded a 7.1% increase in
the number of self-declared Irish speakers. Some 1.77m
people said they could speak Irish. However, and this seems
more pertinent, only 1.8% used it every day outside of the
education system.
This marginalisation was highlighted yesterday when An
Coimisinir Teanga launched his annual report in Galway.
Coimisinir Sen Cuirrein revealed that garda are to get
a laminated card carrying useful phrases in Irish. This follows
instances where a garda competent enough in Irish to deal
with the public through Irish was not immediately to hand.
It is estimated that we spend something around 1bn a year
just teaching Irish. Other programmes add to that cost. Foras
na Gaeilge supports 19 Irish promotion organisations with
state funding. Television service TG4 got 32.75m in current
funding from Government last year. Its audience stands at
something around 2% of the population. Raidi na
Gaeltachta has, it is believed, an even smaller audience
though official figures are not available. It may be assumed
that funding for RnaG pushes the bill for Irish language
broadcasting towards the 50m mark for just these two
outlets.
Gaelscoileanna have been enthusiastically supported though
whether this reflects a commitment to the language or
something else is uncertain. So successful are they that they
may be the source of a new urban Irish apparently
incomprehensible to some native speakers.
Though Irish was afforded official language status by the EU
in 2007 a recent report suggested the language had been
spoken just nine times by ministers at EU meetings in the
last two years. In the EU parliament Irish took up just 0.23%
of the speaking time during plenary sessions up to May
2012.
Even if the country was not bankrupt this litany of failure
would have to be considered. That we spend as much as the
current round of Croke Park talks hope to save on teaching
Irish every year 1bn seems at least irrational in
todays circumstances.
Economic criteria should not be the primary consideration on
this largely cultural issue but maybe it is time to be less
reverential, less deferential on the subject. After all, the facts
speak for themselves if Irish was as important to people
as some would suggest it would not need huge, ongoing
subvention to register the tiniest blip on societys radar, it
would be almost self-sustaining if not regenerating. Current
policies have failed and its time to ask why we keep
throwing good money after bad. Doing that would not be an
attack on Irish just an admission that the vast majority of the
population seem to be at best indifferent on the subject and
that the billions we have spent on trying to popularise the
language have been largely wasted.
ItisinterestingtonotethattheGardaSochnaalsofeaturedinthe2011reportof
theCoimisinirTeangapublishedlastyear.
We Shall Overcome Civil Rights In Ireland The 1960s
Update 23.10, 13/03/2013: Ever feel like you are under
attack? Perhaps because you are.
Update 13.10, 14/03/2013: Okay. There has been a lot
of hate-messages coming my direction in relation to this
article. Some of it directly via email, Twitter or Facebook.
Some of it in the Comments facility provided by the blog.
I certainly seem to have annoyed a lot of anglophone
people in Ireland by highlighting the erosion and abuse of
civil rights for Irish-speaking citizens in this country. Who
knew so many English-speaking Irish people identified
with English colonial ancestors? Who knew that so many
English-speaking Irish people regarded the pre-English
Irish-speaking population as uncivilized, barbarians,
savages and animals? What does that say about their
ancestry?
There have been several threatening messages or
Comments. Rather silly ones to be honest, not to be
taken seriously. And a lot of stuff about Jews and Native
Americans that would put the KKK to shame. Ive passed
the less extreme Comments. The full-on Neo-Unionist
and Neo-Nazi ones are in the moderation queue.
Thanks to the many, many people on Twitter and
Facebook who sent private messages of support and I
understand why you didnt feel free to make them public
(for obvious reasons). Thanks also to the emailers
and the regular WordPress posse.
INSTITUTIONAL
DISCRIMINATION IN THE IRISH
STATE THE CULTURE OF AN
ANGLOPHONE STORMONT
April 25, 2012 Current Affairs, Politics, The Irish Language - An
Ghaeilge 3 comments
"In line with usual process, the error was brought to the
attention of the HSEs Regional Manager for Data Protection
and Consumer Affairs. The National Counselling Service
would have had no further involvement in this matter once
the corrected report was provided to Tusla and an Garda," it
continued.
February 2017:
January 2017:
She stated: I am not privy to, nor did I approve, nor would I
condone, any campaign of harassment or any campaign to
malign any individual employee.
October 7, 2016:
May 2016:
CHIEF SUPERINTENDENT
HARRY BREEN, WHAT YOU
WERENT TOLD
January 24, 2014 Current Affairs, History, Military, Politics 7
comments
RUC Chief Superintendent Harry Breen, killed in a 1989 ambush by
the South Armagh Brigade of the Irish Republican Army
In all of the discussions emanating from the controversy
around last years Smithwick report it is strange that no
one in the media in Ireland or elsewhere has examined in
any detail the professional histories of Superintendent
Bob Buchanan and Chief Superintendent Harry Breen,
the two senior officers of the Royal Ulster Constabulary
(RUC) killed in the ambush at Jonesborough by an Active
Service Unit of the South Armagh Brigade of the Irish
Republican Army (the wounded Breen almost certainly
shot dead while attempting to surrender). Both men had
served as British paramilitary police officers in the north-
east of the country since their twenties and Harry Breen
in particular had a colourful career. A small part of that
history has been the focus of several newspaper reports
(and indeed Judge Smithwick himself) with tenuous
claims that Breen was specifically targeted by the
Republican Army because he was photographed in 1987
with weapons captured from the ambush site at
Loughgall, an engagement that saw eight volunteers of
the East Tyrone Brigade of the IRA and one civilian killed
by British Special Forces (at least three of the wounded
men were killed while surrendering or shortly thereafter).
Most cogent observers have dismissed the revenge
allegation as a motive for the ambush yet it continues to
be stated as an established fact by some tabloid media
pundits.
However before 1987 and his subsequent death in 1989
Breen was rather better known for the allegations
circulating in security and political circles north and south
linking him to the so-called Glenanne Gang. This was a
British terrorist grouping composed of serving or former
members of the British army and paramilitary police
attached to the outlawed Ulster Volunteer Force or UVF
(the name stems from the farmhouse the gang met and
stored arms in, Glenanne, which was owned by the
RUC officer James Mitchell). These suspicions
accounted for the supposed coolness that existed
between Breen and representatives of An Garda
Sochana in contrast to the warmer relationship enjoyed
by Bob Buchanan. In fact Harry Breen was specifically
named in a 1999 witness statement by Sergeant John
Weir, an RUC officer who served with the elite Special
Patrol Group (SPG) while at the same time being an
active terrorist with the Glenanne Gang. The testimony
was made to the Irish governments tribunal under
Justice Henry Barron re-investigating the 1974 British
terrorist attacks on Dublin and Monaghan where the
sequential detonation of four car-bombs killed thirty-three
men, women and children as well as wounding three
hundred others. The terror strikes were carried out by
members of the Glenanne Gang under the direction of
British Military Intelligence and senior British officials at a
time of strained relations between the governments in
Ireland and Britain.
The parts relating to Chief Superintendent Harry Breen
are highlighted below.
3rd January 1999
1. I am a former member of the Royal Ulster
Constabulary (RUC) which I joined in 1970 and served
until 1980. After initial training in Enniskillen Training
Depot, I began my police career in Strandtown RUC
Station in East Belfast.
2. I left the RUC in 1980 following my conviction for the
murder of William Strathearn at Ahoghill, Co. Antrim,
which occurred in April 1977. I will deal with this incident
later in this statement.
3. I recall that in 1970 or 1971, while I was serving as a
young constable, aged 20, in Strandtown there was an
arms amnesty in which members of the public handed in
substantial quantities of guns and ammunition of different
types. Many of these guns were then given out by RUC
officers to local members of a Loyalist paramilitary
organization, the Ulster Defence Association, with the
knowledge of the senior officers in my station. On one
occasion I was ordered by Inspector Don Milligan to
remove a number of rifles which had been handed in
under the amnesty, and place them in the boot of his car.
I do not know where he took them but it was common
knowledge among my colleagues that such weapons
were being given to Loyalists whom my colleagues
supported.
10. Sometime after my transfer to Belfast, I received a
visit from two of my former colleagues in Armagh SPG,
Gary Armstrong and Ian Mitchell. They told me that ACC
Rodgers had spoken to their unit once more and that
they had expressed their view to him that a drastic
change of policy was necessary to combat the IRA more
effectively in South Armagh. They told me that they had
decided for themselves, as a result of the discussions
stimulated by his visits, that the time had come to take
direct action against not merely known Republicans or
IRA activists but against the Catholic population in
general. I agreed with them that the only way to stop the
IRA murder campaign was to attack the Catholic
community itself, so that it would put pressure on the IRA
to call off its campaign. After I had indicated my interest
in their plans, Armstrong and Mitchell informed me that
they had already begun to implement them. They had
started their campaign by carrying out a bomb and gun
attack near Keady village, in June 1976, at the Rock Bar
which is located within yards of the border with the Irish
Republic.
20. I was friendly at that time with RUC Constable
Billy McBride and I visited his home on one occasion
at a time when Chief Inspector Harry Breen was
present. We discussed McBrides connection to a group
of Loyalists in Co. Down called Down Orange Welfare,
which was headed by a retired Army officer, Lt. Col.
Edward Brush. McBride told us he was a member of this
group, which was almost entirely composed of members
or ex-members of the security forces. He produced a .38
revolver from a drawer in his living room and after I had
examined it he replaced it in the drawer. He then went
into another room and brought out two homemade sub-
machine guns, copies of the Sterling machine-gun. He
explained that Down Orange Welfare was manufacturing
Sterling sub-machine guns and that the two he had
shown me were the prototypes and were of imperfect
design. McBride added that the group were in the
process of making an M1 carbine, an American rifle, and
that the only remaining problem to be tackled was the
ejector mechanism for spent bullets. He anticipated that
this would not present any insuperable difficulty. In Chief
Inspector Breens presence he then offered me the
two sub-machine guns because he knew about my
connections to Loyalist paramilitaries. I accepted
them and took them to Mitchells farmhouse.
21. Constable McBride was a gunsmith and, following
this initial meeting with him, guns changed hands on
several occasions. On one occasion, after McBride had
told me that he had received four new sub-machine guns
from Down Orange Welfare, I contacted Armstrong who
soon arrived with McClure at Newry RUC station.
Armstrong had a conversation with Chief Inspector
Breen, whom he knew well, and the three of us went
to McBrides house where we collected the guns.
These sub-machine guns were transported to Mitchells
farmhouse where I later test fired them in a hayshed.
They worked perfectly. Mitchell subsequently sold these
weapons to Jackie Whitten, a UVF paramilitary leader in
Portadown for 100 pounds each. I then gave the 400
pounds to McBride so that the money could be used for
the manufacture of further weapons. In summary, Down
Orange Welfare was using RUC officers in Newry
RUC station McBride, Breen, myself and another
RUC officer, Sergeant Monty Alexander from Forkhill
RUC station to supply weapons to the UVF in
Portadown. I later learned that these weapons were
being manufactured by Samuel McCoubrey in Spa, Co.
Down.
25. I was on duty in Newry RUC station when I received
a phone call from RUC Constable William McCaughey
asking me to meet him in Armagh. We met in a pub in
Armagh and he discussed with me a reported shooting
incident in Ahoghill in which a police officer was, as I
recall, shot in the leg. McCaughey raised the issue of the
need for a retaliation but nothing specific was planned at
that stage. McCaughey then asked me if I would
accompany him to meet Robin Jackson in Lurgan and I
agreed. We travelled to Lurgan in my car and we met
Jackson at his home. When we arrived, I soon realised
that the proposed retaliation was at a more advanced
level than McCaughey had indicated or than I had
appreciated. It quickly became obvious to me that the
proposed attack had already been discussed in detail
and I was taken aback to discover that Jackson and
McCaughey proposed to carry out the operation on that
particular night. I listened when McCaughey told Jackson
that the gun to be used in the attack had never been
used in any shooting before, that he had taken it from
Lurgan RUC station and that it was in his home. I heard
McCaughey and Jackson agree how they would proceed
with Jackson saying he would go and collect his helper
on the lorry R.J. Kerr while McCaughey would take me
with him to his house, where he would collect the gun,
before going on to rendezvous with Jackson and Kerr at
the roundabout in Moira, Co. Antrim. I did not know at
that stage the identity of the proposed target in Ahoghill
nor did I know for certain whether Jackson and
McCaughey merely intended to frighten a particular
person or to kill him. I found I was participating in an
operation that I had not discussed fully and whose
consequences I did not properly appreciate. The entire
discussion at Jacksons home lasted a few minutes.
However, I wish to make it clear that I took part in this
operation voluntarily and that I went along with the
arrangements made by McCaughey and Jackson.
26. After McCaughey had collected the gun from his
home in Lurgan I drove him in my own car to the
roundabout at Moira where Jackson and his helper were
already waiting in a lorry. Jackson drove the lorry and we
followed him towards Ahoghill, stopping behind him when
he parked approximately one mile before reaching the
village. I now recall, on the basis of my conversation with
McCaughey in the car, that McCaughey, like me, did not
fully appreciate that Jackson was going to commit a
murder. And even after Jackson and Kerr had got into my
car outside Ahoghill village, McCaughey seemed still to
think that Jackson was merely going to frighten the
chosen person rather than kill him. I believed, wrongly as
it was soon to turn out, that Jackson and Kerr were
merely going to fire into the house to frighten the
occupants and it was evident to me that McCaughey also
held the same opinion. After giving Jackson the gun,
McCaughey told him just to fire through the upstairs
windows so as to make sure the occupants got the
message. My main concern, at that late stage, was that
my car number plates would be easily identified but when
I shared this concern with McCaugheyhe assured me
there was nothing to worry about and that he was certain
that there were no security forces in the area.
McCaughey and I waited in the car not far from the target
house and we both heard the shooting. After Jackson
and Kerr had returned and got into my car, Jackson said
that he had shot the man twice and we then left the
village calmly. I drove my car back to the lorry, where
Jackson and Kerr got out so they could go on to their
ultimate destination to deliver a load of chickens. I drove
McCaughey to his fathers house in Ahoghill and
McCaughey told his father, in my presence, that Jackson
had shot somebody dead in the town. He gave his father
the gun for safe keeping. Next morning I learned from the
news on the radio that the victim had been William
Strathearn.
27. After leaving McCaugheys fathers house I drove
McCaughey back to Armagh and dropped him off at the
RUC station. I then proceeded to Bessbrook RUC station
where I had living quarters even though I was still
stationed in Newry. I went to work early on the morning
after the killing and carried on with my normal work.
However, over the following week I told three colleagues
about what had happened. These were Chief Inspector
Breen, Constable Bob Hamilton and RUC Special
Branch Constable Ian Begley. All of these three men
already knew about collusion between Loyalist
paramilitaries and RUC officers including McBride,
Sergeant Monty Alexander and myself. Chief
Inspector Breen also knew about similar illegal
activities by McCaughey and Armstrong. Ian Begley,
for example, had previously told me that he thought
McBride had been involved with Jackson in the murder of
a Catholic close, I believe, to Mayobridge in South Down
in the early 1970s.
28. I think it is important to make it clear that this
collusion between Loyalist paramilitaries such as Robin
Jackson and my RUC colleagues and me was taking
place with the full knowledge of my superiors. I recall
that after I had told Chief Inspector Breen about my
involvement in the Strathearn murder, that he told me
to forget about it. I also recall later witnessing a
conversation between Chief Inspector Breen and
Inspector Harvey who was in charge of Newry CID
when both men discussed with approval McCaughey
and Armstrongs continuing activity in Loyalist
terrorism with Robin Jackson. And I recall another
occasion, in the toilets at the Pitbar near Bessbrook
when RUC Special Branch Constable David Miller
indicated to me that he knew I had been involved in the
Strathearn murder and suggested he would not object if I
was to kill an identified IRA man in Newry. For these and
other reasons I did not think there was the slightest
possibility that I would ever be arrested or charged with
my role in the Strathearn murder.
29. Some months after the Strathearn murder I was
called to a meeting with the head of RUC Special Branch
in Newry, Chief Inspector Brian Fitzsimmons. He
confirmed what I had already been told by Chief
Inspector Breen that I was to be transferred to
Newtownhamilton RUC station. During this meeting Mr.
Fitzsimmons let me know that he was aware that I had
been involved in Loyalist terrorist activity for some time
but it was clear he was not bothered by this. He told me
that he knew all about my paramilitary past activities with
James Mitchell and that my local connections to Loyalist
paramilitaries were part of the reason why I was being
placed in charge of Newtownhamilton RUC station. I
understood the message of my meeting with Chief
inspector Fitzsimmons to be that I had the green light to
carry on with my activities. I now know that Chief
Inspector Fitzsimmons rose to the rank of Assistant Chief
Constable and that he was killed in the Chinook
helicopter crash in Scotland in 1994.
John Oliver Weir
Signed 3rd February 1999
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A transcript is here:
http://news.met.police.uk/news/claima...
For more about the women who brought the case, see
https://policespiesoutoflives.org.uk/
http://campaignopposingpolicesurveill...
https://www.youtube.com/watch?v=Lcu5IGbShxE
On Wednesday, Murphy told the Dil that a woman who was
involved in a protest group was in a relationship with Kennedy
while he was operating in Ireland.
He highlighted the case of Sarah Hampton, a US citizen who
met Kennedy on these shores in 2005.
Outlining what was said in Dublin this week, Murphy read out
her statement, in her own words:
Finding out that Mark was an undercover police officer
brought about a deep depression that seemed impossible to
navigate, there were times I almost gave up completely. The
process of seeking justice on this case has felt at times
belittling, intimidating and downright scary. I felt I had been
raped. I never consented to sleeping with a police officer.
Murphy told the Dil that Hampton was granted an apology
last month by the Met Police.
Pitchford Inquiry
Following these revelations, there were calls for a full
investigation.
The Pitchford inquiry was launched in 2015 following scandals
involving officers and women who said they were tricked into
relationships.
In Belfast earlier this week, campaigners took a legal case over
the failure to include Northern Ireland in Lord Justice
Pitchfords inquiry.
According to the Belfast Telegraph, Jason Kirkpatrick was
granted leave to seek a judicial review of the governments
refusal to widen the probe beyond England and Wales.
His lawyers argued that officers attached to the Metropolitan
Police and the National Public Order Intelligence Unit secretly
travelled to Belfast for spying purposes without PSNI
knowledge.
Following the court case in the North this week, and pointing
out that a woman in Ireland had also been victim of
undercover police officers entering into sexual relationships
with women, Murphy said he wanted the Taoiseach to formally
request that the inquiry now be extended to Ireland as well.
We know the German government has written to the British
government seeking the inclusion of the actions of the so-
called spy cops in Germany, and we know the Scottish
government has done the same.
We also know that British undercover police officers were
operating in this State yet the Irish government has so far
refused to request the inclusion of their activities in that
investigation. Why is that?
Murphy said the political policing targeted left wing and
environmental activists, breaching their right to privacy in this
State, which is enshrined in the European Convention on
Human Rights.
It is incomprehensible and unexplainable why that request
has not been made unless the Irish Government is saying its
protection of British spies in Ireland takes priority over the
wish of these people for answers and justice, said Murphy.
We have more than enough political policing in this State
already without allowing British agents to have a free run here
too.
The Dublin South-West TD said those affected are now seeking
answers and justice.
Mark Kennedy was not just one bad apple. He was part of a
system of political policing and abuse of rights. As well as him,
we know of at least three other undercover British police
officers who operated in this State Jim Boyling, Mark
Jenners and John Dines. There are a huge number of
unanswered questions here.
He said the Minister for Justice and Equality Frances
Fitzgerald had already confirmed that garda were aware of
Mark Kennedys presence in Ireland.
Murphy asked the Taoiseach on what basis and on whose
authority did he have permission to operate in Ireland and
questioned if the government knew of other undercover
officers.
He claimed that there have been 56 convictions or
prosecutions overturned in Britain as a result of Kennedys
involvement.
The deputy called for the report commissioned in 2011 by the
Garda Commissioner into Kennedys activities to be published.
The Taoiseach confirmed to Murphy that the Minister for
Foreign Affairs and Trade Charlie Flanagan will meet with the
Northern Ireland Secretary of State, James Brokenshire in
Dublin next week to discuss the matter.
However, he said the minister has not seen the garda report
which investigated the relevant and related issues.
The security forces here would be very concerned about agents
from another country operating in this jurisdiction. We have
had incidents of that in the past.
Kenny said the minister will make a further statement
following that meeting.
http://www.thejournal.ie/british-cop-undercover-3230569-Feb2017/
AN APOLOGY WILL
NOT BE ENOUGH'
Garda whistleblower
Maurice McCabe
could be awarded
millions when he
sues over Tusla
abuse allegations
Maurice McCabe and his wife Lorraine are
said to be devastated after it emerged a
false allegation of sexual abuse was made
against him
EXCLUSIVE
BY MICHAEL DOYLE 11th February 2017, 8:14 am
I hope he breaks them.
https://www.thesun.ie/news/565039/garda-whistleblower-maurice-
mccabe-could-be-awarded-millions-when-he-sues-over-tusla-abuse-
allegations/
OUTSIDE POLICE FORCE TO INVESTGATE
Former Anglo
director Willie
McAteer abandons
conviction appeal
Updated / Friday, 10 Feb 2017 17:09
Top social icons, these are repeated at foot of article
Court records show that McAteer's lawyers filed their written
submissions in the appeal on 20 January
A former finance director of Anglo Irish Bank has
abandoned an appeal against his conviction and
sentence for a 7 billion scheme to mislead the public.
Last July, former Anglo Irish Bank executives Willie
McAteer and John Bowe as well as the former chief
executive of Irish Life and Permanent, Denis Casey,
were found guilty by a jury at Dublin Circuit Criminal
Court of agreeing a scheme to mislead the public about
the true health of Anglo.
McAteer (65), of Greenrath, Tipperary town, Bowe (52),
from Glasnevin in Dublin, and Casey (56), from
Raheny, in Dublin had pleaded not guilty to conspiring
to mislead investors by using interbank loans to make
Anglo appear 7.2 billion more valuable between 1
March and 30 September 2008.
Their trial was the longest criminal trial in the history of
the State.
Judge Martin Nolan sentenced Bowe to two years,
McAteer to three-and-a-half years and Casey to two
years and nine months imprisonment on 29 July 2016.
The three men have lodged appeals against their
convictions and a hearing date has been fixed for the
week beginning 6 March next.
However, during case management procedures in the
Court of Appeal today barrister Lorcan Staines, for
McAteer, told Mr Justice George Birmingham that his
client's appeal was being withdrawn.
Mr Staines, who said he received his instructions on
Tuesday, told Mr Justice Birmingham that he had a
notice of abandonment for McAteer's conviction and
sentence appeal.
Court records show that McAteer's lawyers filed their
written submissions in the appeal on 20 January.
Counsel for Bowe, Diarmaid McGuinness SC, said the
other two men were ready to go ahead with their
appeals.
Counsel for the Director of Public Prosecutions, Sinad
McGrath BL, told Mr Justice Birmingham that all three
sets of submissions from the DPP were drafted and
were with the Director.
She said her side would endeavour to have their
submissions filed by next week.
Ms McGrath said there may need to be an "urgency" to
the three judge court's eventual judgment on the appeal
because there were "other trials" in the future.
The appeal is listed for one week of hearing
commencing 6 March - the longest time set down for
the hearing of a criminal appeal since the new Court of
Appeal was established.
Mr Justice Birmingham said a rapid judgment was
unlikely if the appeal would take a week to debate.
McAteer was not in court for the procedural matter.
Injunctions granted
to Gay Byrne
partnership over
'contrived' default
Updated / Friday, 10 Feb 2017 16:38
Top social icons, these are repeated at foot of article
The partnership comprises Gay Byrne, senior counsel Anthony
Kidney, two solicitors - Eric Brunker, now retired, and Stephen
Hamilton - and Dermot Murphy of Clonskeagh Motors
This is the actual article body
The High Court has granted injunctions to a business
partnership involving the broadcaster Gay Byrne
restraining a receiver appointed by a fund from dealing
with a 13m investment property in Dublin.
Firstwood Partnership, which involves Mr Byrne and
others, had argued that a fund that took over its loan in
2014 had "contrived" a default on a fully performing 20-
year loan.
The partnership took legal action against Launceston
and a receiver after the fund informed the partnership
failure to remit all rental income to it within 28 days
would be considered an event of default.
In September 2016, the fund issued a demand for full
repayment of 6.7m outstanding on the loan and
appointed the receiver.
The following month, the partnership got interim orders
restraining the receiver from dealing with the property.
Last week, Firstwood asked the court to continue those
orders pending a full hearing.