Human Rights Council
Working Group on the Universal Periodic Review Twenty-fifth session
2–13 May 2016
National report submitted in accordance with paragraph 5 of the annex to Human Rights Council resolution 16/21*
Ireland
* The present document has been reproduced as received. Its content does not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations.
General Assembly Distr.: General 9 February 2016 Original: English
I. Introduction
1. Ireland is committed to the promotion and protection of human rights. We were pleased to engage with Cycle 1 of the UPR and in March 2014, submitted a voluntary Interim Report1.
2. We welcome Cycle 2 of the UPR as an opportunity to reflect on what has been achieved, the challenges we face and report on new issues that have emerged since our interactive dialogue in October 2011.
3. We are proud that following a referendum to change the Constitution, Ireland enacted legislation to ensure that same-sex couples can marry.
II. Methodology and consultation process
4. An Interdepartmental Committee coordinated by the Department of Justice and Equality prepared for Cycle 2. We published information about the UPR and reports on the issues raised in consultation events on www.upr.ie.
5. Officials participated in consultation events hosted by civil society and Ireland’s NHRI2 (July and August 2015), and value the ongoing dialogue, information sharing, partnership and cooperation.
6. Consultation is integral to our consideration of Ireland’s human rights situation. For Cycle 2, we broadened and developed our approach and held two strands of consultation (Recommendation 107.50). In October 2015, we invited written submissions from members of the public, civil society and interested stakeholders on human rights and equality issues, asking submissions to consider:
• where we are and where we should be;
• what we have achieved since 2011; and
• priority issues that have emerged in the meantime.
7. 54 submissions were received in this process. A consultation event was held on 11 November 2015. A report of the issues discussed is published on www.upr.ie.
8. It is important to us that the voices of children and young people are heard, and we engaged in a child-led consultation with 8- to 17-year olds, with support from the Department of Children and Youth Affairs. Young people advised on the format and wording of a questionnaire, which asked “Which human rights are most important in Ireland?” We received 3,930 responses in total – 1,613 from primary school children, 2,158 from young people and 159 from seldom-heard children and young people – and an independent researcher recorded and analysed the data.
9. Education/school was identified as the most important issue by 51.3% of children and young people, followed by shelter (45.9%), food and water (40.3%), equality or non- discrimination (33.5%), freedom of speech (23.7%), safety, security and protection (17.2%), family, marriage and the right to have children (14.2%), to be born free and equal (14.1%), healthcare and good health (12.2%) and life (11.1%). At a consultation event on 8 January 2016, children and young people advised on the presentation and format of the child-friendly version of the report. The full report documenting the process and findings3 is available on www.upr.ie.
III. Institutional framework for the protection of human rights
Irish Human Rights and Equality Commission
10. The Irish Human Rights and Equality Commission4 (IHREC) was established as an independent statutory body on 1 November 2014. It has “A” status as a national human rights institution (NHRI) with the International Coordinating Committee (Recommendations 106.7, 106.8).
11. The Commission has its own budget Vote and reports directly to the Oireachtas (Parliament) on expenditure. The Commission’s Director is directly accountable to the Public Accounts Committee, the Parliamentary Committee responsible for establishing how public funds are spent. In 2014, the Commission’s funding increased by 45% to €6.299m per annum (Recommendation 106.12).
12. The Irish Human Rights and Equality Commission Act 2014 introduces a positive duty on public bodies to have due regard to human rights and equality in their work and conduct their business in a manner that is consistent with individual human rights. The Commission will assist public bodies to comply with the positive duty, including by producing guidelines and codes of practice. This will lead to the systematic integration of an equality and human rights perspective into everyday work of public bodies (Recommendations 106.13, 106.19, 107.12).
Workplace Relations Commission
13. The Workplace Relations Commission5 (WRC) was established on 1 October 2015 as an independent statutory body6.
14. It assumed the roles and functions previously carried out by a number of state bodies. Its core services include inspection of employment rights compliance, provision of information, processing of employment agency and protection of young persons’
(employment) licences, and provision of mediation, conciliation, facilitation and advisory services (Recommendation 106.34).
IV. Promotion and protection of human rights: developments, achievements and challenges since Cycle 1
A. Equality and non-discrimination
15. The Equality (Miscellaneous Provisions) Act 20157 amends the Employment Equality Legislation8 to better protect employees against discrimination in an appropriate and balanced way, while respecting religious freedoms as guaranteed in the Constitution and in international law.
16. The amended section 37 now obliges employers in religious-run schools and hospitals to show that any favourable treatment of an employee or prospective employee is limited to the religion ground and that action taken against a person is objectively justified by reference to that institution’s aim of protecting its religious ethos and that the means of achieving that aim are appropriate and necessary. The new provision raises the threshold for discrimination so that religious-run schools and hospitals must now show real damage to their ethos, and are precluded from discrimination on any of the other equality grounds9 (Recommendation 107.45).
17. The Act also prohibits discrimination in the letting of residential accommodation on the basis that a person is or is not in receipt of rent supplement or housing-assistance payment (Recommendation 106.19).
B. Right to life, liberty and security of the person
Combating domestic, sexual and gender-based violence
18. Following wide consultation, Ireland’s Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-202110 envisages a range of actions for State, voluntary and community sector organisations aimed at preventing and responding to domestic, sexual and gender-based violence.
19. The Strategy contains an action plan11 for ratification of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention), relevant elements for transposition of the EU Victims Directive into Irish law and practice and actions from the first national strategy.
20. This year, €950,000 is available for a 6-year national awareness-raising campaign to bring about a change in societal behaviours and attitudes on domestic and sexual violence against both women and men.
21. In July 2015, the Government published proposals for a new Domestic Violence Bill to improve protections available to victims of domestic violence, make it easier for them to obtain interim barring orders and provide for more victim-friendly courts processes. The privacy of the victim will be protected, and it will be possible to bar the perpetrator from communicating with the victim electronically. (Recommendations 106.49, 106.50, 106.51, 106.53, 107.36, 107.37. 107.38).
Trafficking in persons
22. A draft National Action Plan to Prevent and Combat Human Trafficking in Ireland was issued for consultation in June 2015. This new Plan seeks to build on progress made to date and address issues raised in independent international evaluations.
23. When finalised, the Plan will outline the Government’s strategic approach to this issue and set out a clear work programme for state authorities to collaborate with civil society in advancing the fight against trafficking and enhancing the protection of victims. It will ensure that a comprehensive child-sensitive protection system is in place which provides for interagency and multidisciplinary co-ordination for child victims of trafficking.
24. An Amendment to the Criminal Law (Human Trafficking) Act 2008 was enacted in July 2013 to facilitate full compliance with the criminal law measures in EU legislation.12 25. This amended legislation criminalises trafficking for the purposes of forced begging and trafficking for other criminal activities. In addition, the 2013 Act13 contains provisions to better facilitate children giving evidence in criminal prosecutions.
26. The Garda (Police) Commissioner has established a Child Protection and Human Exploitation Unit. This Unit will cover child abuse, domestic violence, sexual violence and human trafficking (Recommendations 106.49, 106.50, 106.51, 106.53).
Victims of crime
27. Legislation to transpose the EU Directive on the rights, support and protection of victims of crime into Irish law is currently being drafted as a priority. The Bill is expected to be published early this year and will be enacted as soon as possible.
28. This will strengthen the rights of victims of crime and their families, ensure that victims and their needs are at the heart of the justice process and that rights to information, advice and other appropriate assistance are met. The Bill will introduce statutory rights for victims of crime.
29. The criminal justice agencies have been working to provide a service to victims in line with the standard set out in the EU Directive. An Garda Síochána have trained members of all ranks to implement the new policies and procedures to ensure that victims of crime receive a comprehensive response through dedicated Garda Victim Service Offices across all 28 Garda Districts.
Abortion
30. The Protection of Life During Pregnancy Act 201314 regulates access to lawful termination of pregnancy where there is real and substantial risk to the life of a woman as a result of her pregnancy. The Act commenced on 1 January 2014 and the Guidance Document on the implementation of the Act was published later that year15.
31. The Committee of Ministers of the Council of Europe were satisfied that the Government has given effect to the ruling in A, B and C v Ireland by introducing the Protection of Life During Pregnancy Act 2013, related regulations and guidance document.
The Committee of Ministers closed the case on 4 December 2014.
32. 26 terminations were carried out under the Act in 2014. 14 of these arose from a risk to the life of the mother arising from physical illness, 9 from a risk to the life of the mother from emergencies arising from physical illness, and 3 arose from a risk to the life of the mother from suicide ideation.
Legacy issues concerning people who were in institutional care
Magdalen Laundries
33. The Scheme of lump-sum payments and supports for women who were admitted to and worked in the Magdalen Laundries, St. Mary’s Training Centre Stanhope Street, and House of Mercy Training School, Summerhill, Wexford, was welcomed by the majority of the women concerned. A woman is eligible for a payment of between €11,500 and
€100,000, depending on length of stay (Recommendation 107.40).
34. To date, a decision has been made on over 99% of the 802 applications received16 and 606 applicants have received their lump sum payments at a cost of nearly €23m. The remaining applications are being dealt with as quickly as possible and the Scheme remains open to new applications.
35. In addition to the lump-sum, each woman is entitled to a top-up payment to bring her weekly income from the State up to the equivalent of the Irish Contributory Pension,
€230.30 if 66 or over and €100 if under that age. This is in recognition that the women were not paid for the work they did while in the laundries. The women are also being provided with access to a range of primary and community health services free of charge.
Commission of Investigation into Mother and Baby Homes and Certain Related Matters 36. The statutory Commission of Investigation into Mother and Baby Homes and Certain Related Matters was established by the Government in February 2015 to provide a full account of what happened to vulnerable women and children in these Homes between 1922 and 1998. The scope of the Commission’s investigation is broad, and includes seven specific areas of practice and procedure regarding care, welfare, entry arrangements and exit pathways for the women and children who were residents of these institutions.
37. The independent Commission has robust powers to conduct investigations within its terms of reference, including coercive powers available to assist in gathering evidence if necessary. The Commission has been tasked with reporting within 3 years and its reports will be published.
Symphysiotomy
38. Symphysiotomy was an exceptional and rare intervention in obstetric practice in Ireland. It occurred in less than 0.05% of deliveries between 1940 and 1985. Following examination of the two independent reports commissioned by the Government, it was agreed in July 2014 to establish an ex-gratia scheme for women who underwent the procedure. The Surgical Symphysiotomy Payment Scheme was designed following engagement by the Minister for Health with all three support groups, two of which welcomed its establishment. It provides an alternative, non-adversarial option for women, many of whom are elderly and do not wish to pursue their cases through the courts.
39. The Scheme caters for women who underwent a surgical symphysiotomy or pubiotomy in the State between 1940 and 1990. The Assessor is a retired High Court Judge. The Scheme is voluntary and women do not waive their rights to take their cases to court. Women may opt out of the Scheme at any stage in the process, up to the time of accepting their award; it is only on accepting the offer of an award that a woman must agree to discontinue legal proceedings. 578 applications were accepted and to 22 January 2016, 370 offers have been made ranging between €50,000 and €150,000. The allocations come to approximately €23m to end-2015.
40. The provision of the ex-gratia scheme, together with the ongoing provision of medical services by the HSE, including medical cards, represents a comprehensive response by Government to this issue.
Access to Justice
41. Following the decision by the people on 4 October 2013 in a referendum, the Court of Appeal was established in October 2014. It deals with appeals from the High Court in civil cases and appeals from the Circuit Criminal Court, the Central Criminal Court, or the Special Criminal Court in criminal cases. This represents significant reform of our courts system, and will reduce waiting time for the hearing and determination of appeals.
42. The Legal Services Regulation Act 201517 reforms regulation and oversight of the legal profession and legal costs. As a result, for the first time, Ireland will have:
• an independent statutory regulator for all legal practitioners and an independent public complaints regime;
• a new single disciplinary tribunal for solicitors and barristers;
• new business models for legal partnerships;
• a new Office of the Legal Costs Adjudicator, together with new regulatory measures relating to legal fees.
43. The Act also introduces greater and more client-focussed transparency obligations in relation to legal costs, what clients must be told and how legal costs disputes may be resolved, and provides a pathway to the introduction, following research and consultation, of Multi-Disciplinary Practices.
44. Legislation has also been enacted to increase the number of High Court judges and heads of the Criminal Procedure Bill to further improve efficiencies in trials and court proceedings, including establishing pre-trial hearings, have been published.
Reform of policing
45. The Government has progressed a comprehensive programme of reform of the oversight, governance and accountability of An Garda Síochána, with the overall objective of ensuring that the confidence of the public in An Garda Síochána is maintained and the high quality and respected service that An Garda Síochána has provided is continued and enhanced to better meet the realities, requirements and expectations of 21st century policing.
46. The establishment of an Independent Policing Authority on 1 January 2016 is at the core of the Government reform programme. The primary function of the Authority will be to oversee the performance by An Garda Síochána of its functions in relation to policing services. Among the Authority’s first tasks will be the approval of the overall Garda strategy for 2016-2018 and the development of a Code of Ethics for Garda members and civilian staff.
47. Under the new governance arrangements, the Garda Commissioner will retain operational independence and the Minister will remain accountable for policing to the Oireachtas (Parliament); the framework in which these functions are exercised will change to reflect the new oversight role of the Authority.
48. Other reform measures include enactment of new legislation to strengthen the role and remit of the Garda Síochána Ombudsman Commission (GSOC), and enactment of Protected Disclosures Act 201418 which allows Garda members to make “protected disclosures” to GSOC in confidence in respect of alleged misconduct. In line with the recommendations of the Guerin Report, a Commission of Investigation chaired by Mr.
Justice Kevin O’Higgins is examining matters arising from reports of alleged misconduct in the Cavan/Monaghan Division. In addition, Freedom of Information legislation now extends to aspects of the work of An Garda Síochána19.
Criminal Justice
Prison conditions – slopping out and overcrowding
49. The elimination of slopping out in the prison estate is a priority. Significant resources have been committed to this objective.
50. All wings in Mountjoy Prison have been completely refurbished, facilitating the elimination of the practice of slopping out in the prison. A completely new replacement prison in Cork is almost complete and will be operational in February 2016. All cells will have full in-cell sanitation.
51. A public consultation process on planning proposals for a major development at Limerick Prison has commenced. The proposed development will end the practice of slopping out in Limerick Prison and will include a new accommodation block for female prisoners. The enabling works for the redevelopment are scheduled to begin in 2016 with the main construction phase to start in early 2017.
52. In addition, planning is underway for a development at Port Laoise Prison that will bring slopping out to an end there. When the new Cork prison opens in February, slopping out will have been ended across the entire prison estate except for the A-wing at Limerick Prison and the E-block at Port Laoise Prison.
53. 2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013, a decrease of 7.6% from 2012. Overcrowding has been eliminated in Mountjoy Prison and priority has been given to reducing overcrowding in Cork, Limerick and the Dóchas Centre (women’s prison).
54. We intend to reduce the capacity of our prisons to align with the Inspector of Prisons’ recommended bed capacity of 3,977 insofar as this is compatible with public safety and the integrity of the criminal justice system. An examination of the figures on 18 January 2016 when there were 3,665 prisoners in custody shows that this figure was 92% of the Inspector's recommended total of 3,997 (Recommendations 106.36, 106.37, 106.38, 106.39, 106.40, 106.41, 106.44, 106.45, 106.46, 106.47, 107.34).
Alternatives to detention
55. Alternatives to custody continue to be pursued and various laws have been introduced in this regard (Recommendation 106.43). These include the Criminal Justice (Community Service) (Amendment) Act 201120 which requires the sentencing judge to consider the imposition of community service where a custodial sentence of 12 months or less is being considered.
56. The Fines (Payment and Recovery) Act 201421 provides that the Court imposing a fine shall take into account a person's financial circumstances. It further provides that where a person fails to pay a fine the Court may make an attachment of earnings as a means of recovering an unpaid fine. As a result of this legislation it is expected that we will see a reduction in the number of committals to prison on short sentences. The Civil Debt (Procedures) Act 201522 provides for the attachment of earnings or deductions from social welfare payments. The Act also makes provision for the abolition of imprisonment of debtors for non-payment of civil debts.
57. In conjunction with the Probation Service, the Irish Prison Service has continued the national rollout of the Community Return Programme, an incentivised scheme for earned temporary release under which carefully selected offenders can be granted structured temporary release in return for supervised community service. 1,541 prisoners have taken part in the Programme since October 2011, and 1,273 have completed it.
58. Community Support Schemes have been set up in Cork Prison, Mountjoy Campus, West Dublin Campus and Limerick Prisons. Community Service may be used by the courts in lieu of a prison sentence, aiming to reduce recidivism rates by arranging for additional support and providing for a more structured form of temporary release.
Convicted offenders may be given the opportunity to perform between 40 and 240 hours of unpaid work for the community.
Towards ratification of OP-CAT
59. The Department of Justice and Equality is working on the Inspection of Places of Detention Bill to allow for ratification of OPCAT. The key requirement is to provide for a National Preventative Mechanism/s (NPMs).
60. We have commenced a consultation process examining this issue. On 23 November 2015, the Department of Justice and Equality hosted an Open Policy Debate, on proposals for a Criminal Justice Inspectorate23.
61. We are continuing to engage in consultation with civil society and academia at this stage. An options paper is being developed incorporating material from the Open Policy Debate and international best practice to facilitate further consultation (Recommendations 106.2, 106.3).
DNA database
62. Following enactment of the Criminal Justice (Forensic Evidence and DNA Database System) Act 201424, a DNA database system has been established. The legislation replaces
former arrangements governing the taking of samples for forensic testing from suspects for use as evidence in criminal investigations and proceedings.
Criminal Law (Sexual Offences) Bill 2015
63. The Criminal Law (Sexual Offences) Bill will strengthen the law to combat child pornography, the sexual grooming of children, incest, exposure and other offensive conduct of a sexual nature.
64. There is also recognition of the needs of victims of sexual offences and those who assist them. Provisions are included which will regulate and bring certainty to the disclosure of counselling and therapy records in sexual offence trials. In addition, amendments to criminal evidence legislation acknowledge the difficult experience which a trial process may be for the victim of a sexual offence. The Bill will also criminalise those who purchase sexual services.
65. The Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial. This will overcome one of the barriers to ratification of the UN Convention on the Rights of Persons with Disabilities.
66. The Bill will also ensure compliance with the criminal law provisions of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (Recommendation 106.6). Enactment is expected this year.
C. Freedom of religion and belief
67. Please see IV.A.
D. Right to participate in public and political life
68. A Working Group on Citizen Engagement with Local Government set up to recommend a more extensive and diverse input by citizens into the decision-making processes at local government level, reported in February 201425. It proposed a mechanism to enable the community and voluntary and environmental sectors to take an active formal role in policy-making and oversight activities of Local Authorities, via a Public Participation Network (PPN), now set up in all Local Authority areas.
Children’s Participation in Decision-Making
69. In June 2015, the Government launched the first National Strategy on Children and Young People’s Participation in Decision-making (2015-2020)26. This is the first such strategy in the EU. The Strategy’s primary goal is to ensure that children and young people have a voice in their individual and collective everyday lives. The Strategy is guided and influenced by the UN Convention on the Rights of the Child and the EU Charter of Fundamental Rights.
70. The Action Plan contains commitments from Government Departments and state agencies to involve children and young people in their decision-making processes. A key action is the development of a National Children and Young People’s Participation Hub in the Department of Children and Youth Affairs. This hub will act as a national centre for excellence and will provide information, training, resources and support for implementation of the actions in the National Strategy.
Social Inclusion and Community Activation Programme (SICAP)
71. SICAP, which reduces poverty and promotes social inclusion and equality through local, regional and national engagement and collaboration, received funding of €28m for the nine months of its operation in 2015 and €37m in 2016. SICAP encompasses a lifecycle approach and its Programme Implementers are engaging with young people living in disadvantaged areas and/or are members of one of its target groups to:
• support young people who have left, or are at risk of leaving, education to help prevent early school-leaving and encourage those who might have left to return, as well as to assist with the transition to further education or training, or to a job;
• move disadvantaged young people who are not in employment, education or training closer to the labour market; and
• assist young people in engaging with service providers and policymakers at local, regional and national level.
72. In 2015, SICAP provided 315 individuals who self-identify as Travellers with one- to-one educational or employment supports, and 28 local community groups focused on Travellers with direct supports, and has engaged with 53 structures and networks that have some involvement with Traveller organisations in their areas. 5 SICAP Programme Implementers have also undertaken activities with Traveller children in their areas (Recommendation 106.32).
E. Right to privacy, marriage and family life
Gender Recognition Act 2015
73. The Gender Recognition Act 201527 provides for the preferred gender of a person to be fully recognised by the State for all purposes. A Gender Recognition Certificate Holder may subsequently apply for a birth certificate in their preferred name and/or gender where their birth is registered in the State. Children between the ages of 16 and 18 may apply for a Gender Recognition Certificate with court approval.
Children and Family Relationships Act 2015
74. The Children and Family Relationships Act 201528 modernised the law regarding children living in diverse family forms and established that the best interests of the child are paramount in decisions on custody, guardianship and access. Provisions on guardianship, custody and access were commenced on 18 January 2016.
Marriage equality
75. Following the result of the May 2015 referendum, Ireland enacted the Marriage Act 201529. Same-sex couples can now marry and enjoy the same constitutional rights and protections as all families (Recommendation 107.44), and marriages between same-sex couple contracted in other jurisdiction are recognised as marriages in Ireland.
Civil Registration (Amendment) Act 2014
76. The Act30 includes provisions for the compulsory registration of fathers’ names on birth registrations, as well as provisions which make it more difficult to broker a marriage of convenience in the State. Evidence of intention to undertake a marriage of convenience is now an impediment to marriage and a registrar has the right to investigate. The Act also provides for increased sharing of information in relation to suspected sham marriages
between the Department of Social Protection and the Department of Justice and Equality (Recommendations 106.54, 107.43).
Rights of adopted people
77. The Adoption (Information and Tracing) Bill 2015 will provide a statutory basis for the provision of information on both past and future adoptions. It will provide clarity on the information that can be provided. The Bill is expected to be enacted in 2016.
F. Right to work and to just and favourable conditions of work
Reforms
78. The establishment of the Workplace Relations Commission consolidated and streamlined Ireland’s former employment rights bodies. The Labour Court hears all appeals of decisions of the Workplace Relations Commission in all disputes arising under industrial relations and employment rights enactments.
National Minimum Wage
79. The establishment of the Low Pay Commission on a statutory basis in 2015 to examine and make annual recommendations on the national minimum wage, and the raising of the national minimum hourly rate of pay from 1 January 2016 to €9.15 per hour for an adult worker, has resulted in more favourable pay conditions for those on minimum rates of pay.
80. The National Minimum Wage applies to all employees, including full-time, part- time, temporary and casual employees, except for employees who are close relatives of the employer, or employees undergoing certain structured training.
Industrial Relations
81. The Industrial Relations (Amendment) Act 2015 provides for the reintroduction of a mechanism for the registration of employment agreements between an employer or employers and trade unions governing remuneration and conditions of employment in individual enterprises. It also provides for a new statutory framework for establishing minimum rates of remuneration, pension and sick pay, to replace the former sectoral Registered Employment Agreements. It provides for reforming the law on employees’ right to engage in collective bargaining, in compliance with the recent judgment of the European Court of Human Rights.
G. Social security and the right to an adequate standard of living
Fiscal consolidation and recovery
82. Ireland’s comprehensive welfare system has played a central role in protecting those who are unemployed and other vulnerable groups following the economic crisis. A key component of the Government’s welfare policy since 2011 was to maintain the value of core weekly rates of welfare payments. Eligibility to means-tested welfare schemes was not restricted as welfare dependency increased. While measures to curtail welfare expenditure were introduced over the period up to 2014, the recovery has enabled the Government to introduce a range of welfare improvements in 2014 and 2015.
83. A key statistical measure of how Government has protected the most vulnerable is the impact of social transfers on the at-risk-of-poverty rate. The latest (2014) data show that
social transfers lifted a fifth of the population out of poverty, reducing the at-risk-of- poverty rate by 56%. This is an improvement on the pre-crisis period, when the poverty reduction effect was 50%. Ireland has the strongest performance in reducing poverty through social transfers of all EU member states and is almost twice the EU norm. As a result, Ireland’s at-risk-of-poverty rate is below the EU average and is ranked 12th of all EU member states.
84. The current strong recovery phase is highlighted by the decrease in the unemployment rate from over 15% in 2012 to 8.6%. The social impact assessment of the main welfare and tax measures introduced in 2015 and 2016 shows that the incomes of households in the poorest two quintiles have increased by around 2%. Households containing children have gained the most, including lone parents and those unemployed.
85. The latest official data for 2014 show that poverty levels have stabilised for the first time following the economic crisis. It is expected that with further increases in employment and the impact of new welfare measures, household incomes and living standards will continue to recover.
Bankruptcy and personal insolvency
86. Considerable progress has been made in addressing the problems associated with personal debt during the economic crisis, and ensuring fair and realistic outcomes both for debtors and for creditors. The Personal Insolvency Act 201231 introduced three new debt resolution mechanisms to help mortgage-holders and other people with unsustainable debt to reach agreements with their creditors.
87. The Bankruptcy (Amendment) Act 201532 reduces the normal duration of bankruptcy from 3 years to 1 year, and reduces the normal maximum duration of orders requiring payments to creditors from any income of the bankrupt person, from 5 years to 3 years.
H. Right to health
Children’s access to healthcare
88. The Government is committed to the extension in 2016 of General Practitioner (GP) care without fees to all children aged under 12 years. This follows on from the introduction of GP care without fees for all children aged under 6 from 1 July 2015.
Towards achieving universal healthcare
89. The Government is committed to a major programme of health reform, the aim of which is to deliver universal healthcare, with access to services based on need and not ability to pay (Recommendations 106.29, 106.56, 106.57).
90. The introduction of universal healthcare is the most fundamental reform of our health service in the history of the State. Both the research undertaken to date and that planned for the next phase of the research programme, including cost modelling, will assist Government in deciding the best long term approach to achieving this important goal.
91. In the meantime, a number of important initiatives that represent key building blocks for universal healthcare are being progressed, including the strengthening of primary care, the introduction of more efficient payment systems such as activity-based funding, the creation of Hospital Groups and Community Healthcare Organisations, the introduction of a wide-ranging package of patient safety reforms, and the maintenance of a vibrant and sustainable health insurance market. These are important initiatives with the potential to drive performance improvement and timely access to high quality care.
Mental Health
92. A major reform of mental health legislation is underway following the publication of an Expert Group Review of the Mental Health Act 200133.
93. Two priority amendments in respect of the administration of ECT (electro- convulsive therapy) and medicine (after a 3-month period) have been made and will come into operation on 15 February 2016. Both amendments ensure that the authority to administer ECT or medicine (after a 3-month period) to an involuntary patient with capacity who is unwilling to consent to the treatment will be removed.
94. Government mental health policy is set out in A Vision for Change34, which provides a framework for action to develop a modern, high-quality, community-based, person- centred mental health service over a 7- to 10-year period. It is intended to progress the drawing up of an updated and revised mental health policy in 2016 (Recommendation 107.16).
95. A new suicide strategy, Connecting for Life – Ireland’s National Strategy to reduce Suicide 2015 – 202035 (June 2015) sets out a vision of an Ireland where fewer lives are lost through suicide, and where communities and individuals are empowered to improve their mental health and wellbeing. The Strategy adopts as a minimum target the WHO 2014 goal of a 10% reduction in the suicide rate.
I. Right to housing
96. The Government’s Social Housing Strategy 202036 (November 2014) aims to meet the housing need of some 110,000 households who are qualified for social housing support.
€2.9bn in capital funding has been committed for that purpose.
97. In the period 2011 to 2014, some 26,000 new social housing units were provided under a range of investment programmes. Over 13,000 units have been delivered in 2015, representing an 86% increase on the 7,000 units delivered in 2014. The provision of social housing has again been given priority in 2016, with total investment (exchequer and local authority own resources) of €933m for over 17,000 new homes.
98. In November 2015, the Government announced a new integrated housing package Stabilising Rents, Boosting Supply37, which includes measures to give certainty to tenants in relation to their rent, to better protect tenants in their homes, and to provide clarity to both tenants and landlords as regards their rights and obligations.
Homelessness
99. One significant challenge since Cycle 1 is homelessness. The Government’s Homelessness Policy Statement38 (February 2013) makes explicit the Government’s commitment to a housing-led approach to end long-term involuntary homelessness.
100. A range of measures are being taken to secure a ring-fenced supply of accommodation for homeless households and mobilise the necessary supports. These measures have been identified in the Government's Implementation Plan on the State's Response to Homelessness39 (May 2014) and in the Action Plan to Address Homelessness40 (December 2014).
J. Rights of the child
101. Children are now specifically recognised as rights-holders in their own right in the Irish Constitution, following a referendum in 2012. The new provision requires that the
best interests of the child are the paramount consideration and the voice of the child be given due weight in specified Court proceedings (Recommendations 106.9, 106.10, 106.11, 107.9, 107.10, 107.12).
102. Provision made in legislation for this principle, including the Child and Family Agency Act 201341, the Children and Family Relationships Act 2015 and the Children First Act 2015, illustrate Ireland’s commitment to a child-centred approach.
103. The ongoing implementation of Better Outcomes, Brighter Futures: the National Policy Framework for Children and Young People 2014-2020 is demonstrably rooted in the values and principles that the Constitutional amendment represents. Implementation of the Framework is a ‘whole-of-government’ commitment which is being driven with involvement by non-governmental interests in the sector.
Establishment of the Child and Family Agency
104. Tusla (the Child and Family Agency) was established on 1 January 2014 as a single, dedicated State agency responsible for improving wellbeing and outcomes for children. Its establishment represents one of the most ambitious and far-reaching public sector reform projects undertaken by Government. Tusla brings together some 4,000 staff and in 2016, has funding of some €676m, an increase of €38m over 2015.
105. The Agency brings a dedicated focus to child protection, family support and other key children’s services and is responsible for a range of services, including:
• Child welfare and protection services, including family support services;
• Family Support Agency responsibilities;
• National Educational Welfare Board responsibilities;
• Pre-school inspection services;
• Domestic, sexual and gender-based violence services;
• Community-based services related to the psychological welfare of children and families.
106. Tusla also has statutory responsibility for separated children seeking asylum (Recommendation 106.17). For such children, a statutory care plan is developed and if appropriate, an application for asylum will be made on behalf of the child.
Child protection
Children First Act 2015
107. The Children First Act 201542 forms part of a suite of child protection legislation which also includes the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012. The Act:
• makes better provision for the care and protection of children, including raising awareness of child abuse and neglect;
• provides for reporting and management of child protection concerns;
• improves child protection arrangements in organisations providing services to children;
• provides statutory arrangements to promote cross-sectoral implementation and compliance with Children First;
• provides for a register of non-compliance for a provider of a relevant service who fails to provide the Child and Family Agency with a copy of a child safeguarding statement; and
• provides for abolition of the defence of reasonable chastisement in relation to corporal punishment.
Children in care – right to participation in child welfare and protection issues
108. The rights of children, with regards to those in care and child welfare and protection issues, to participate and be consulted are set out on a statutory basis43. The National Standards for statutory care and child protection services are child-centred and state that services must recognise children’s rights, including their right to be listened to and participate in decisions made about them and their care.
109. Children in care have a right to a statutory social worker and to statutory care planning and review. Within the care planning and review process the child is consulted and the plan put in place with regard to the child’s best interest.
Corporal punishment
110. From 11 December 2015, children in Ireland have the full protection of the law on assault, regardless of by whom or in what setting the assault occurs (Recommendations 107.41, 107.42).
111. In the case of parents, or persons acting in loco parentis, the common law defence of
‘reasonable chastisement’ has now been abolished pursuant to section 28 of the Children First Act 201544.
112. The use of corporal punishment is prohibited in all foster care and child care residential settings.
Children in detention
113. St. Patrick’s Institution will be closed very shortly. Responsibility for 16-year old males remanded in custody or sentenced to detention was transferred from the Irish Prison Service (IPS) to the children detention schools campus at Oberstown in May 2012. In addition, responsibility for 17-year old males who are remanded in custody was transferred to the Oberstown campus from the IPS in March 2015.
114. The Children (Amendment) Act 201545 will enable the full transfer of responsibility for children in detention to the children detention schools. The Act provides for the repeal of all provisions which permit the detention of children in adult prison facilities and will be commenced when sufficient qualified staff are in place in Oberstown to operate the facility safely.
115. The Prisons Act 201546 provides not only for the complete closing of St Patrick’s Institution but also for the general removal of references to St Patrick’s from the statute book. In particular, the Act will repeal all the legislative provisions that enable the courts to order the detention of young persons in St. Patrick’s.
Youth Justice
116. Tackling Youth Crime, a Youth Justice Action Plan, 2014-201847 focuses on continuing the downward trends in high-volume crime and detention. The opinions and experiences of children involved in the youth justice system have influenced the development of these interventions.
117. In accordance with the Action Plan, a new Bail Supervision Scheme is to be introduced on a pilot basis in 2016 and will provide more therapeutic supports in the community for children who are subject to bail conditions. The goal of this measure will be to further reduce the number of children remanded in custody due to breach of bail conditions.
118. 7 new Garda Youth Diversion Projects were announced in January 2016, bringing the number of Diversion Projects nationwide to 110. The Government also announced the roll-out of the first phase of a pilot mentoring service for young people coming to the attention of An Garda Síochána.
K. Right to education
Early Childhood Care Education
119. €85m in additional investment in early years and school-aged childcare was announced in Budget 2016, enabling an extension of the Early Childhood Care Education (ECCE) Programme to provide free pre-school education from September 2016 for children from 3 years until they start primary school or reach 5 and a half years. This initiative will better integrate the educational experience of young children, providing a smoother transition between pre- and primary school, and increases investment in free pre-school education by €47m to €219.4m in 2016.
120. This investment also provides for supports to enable children with disabilities to participate fully in the ECCE Programme, including enhanced continuing professional development for childcare staff; grants for equipment, appliances and minor alterations; and access to therapeutic intervention. €15m has been provided to phase in supports during 2016, with a full-year cost of around €33m from 2017.
Pluralism and Patronage
121. As stated in our National Interim Report, the Report of the Advisory Group to the Forum on Patronage and Pluralism in the Primary Sector recommended steps that could be taken to ensure that the education system can provide a sufficiently diverse number and range of primary schools to cater for children of all religions and none. The Forum’s recommendations are currently being implemented.
122. The National Council for Curriculum and Assessment launched a consultation process on proposals for a curriculum in Education about Religions and Beliefs (ERB) and Ethics to run until Spring 2016.
123. The Forum also advised on the practicalities of transferring/divesting patronage for individual primary schools where appropriate and necessary. 8 new primary schools have opened under the patronage divestment process and work is continuing to advance choices in other identified areas. All 8 schools have a multi-denominational ethos.
124. In areas of population growth, the process for establishing new schools takes account of parental preferences. Since 2011, 42 new schools have opened to meet demand for schooling provision in areas of demographic growth (24 primary schools and 18 post- primary schools). 39 of these schools have a multi-denominational ethos (Recommendation 107.27).
Admission to Schools
125. The Education (Admission to Schools) Bill 2015 aims to ensure that how schools decide on who is enrolled and who is refused a place in schools is more structured, fair and transparent.
126. The Bill provides for a school to explicitly state in its admission policy that it will not discriminate against an applicant for admission on the grounds of disability, special educational needs, sexual orientation, family status, membership of the Traveller community, race, civil status, gender or religion, while including provision for single-sex schools and denominational schools to reflect their specific ethos in their admission policy.
It also provides that school enrolment policies must include details of the school’s arrangements for students who do not wish to attend religious instruction. The Bill strengthens the capacity to ensure that all children are catered for (Recommendation 106.56, 107.27).
Equity of Access to Higher Education
127. A new National Plan for Equity of Access to Higher Education 2015-201948 was launched in December 2015. The Plan aims to assist under-represented groups to participate in third level education, and takes a mainstreaming approach, so that responsibility for promoting greater diversity extends beyond designated access officers and becomes the responsibility of everyone working in higher education institutions. The Plan includes the first national target to increase representation in higher education by members of the Traveller community (Recommendations 106.30, 106.32, 106.56).
L. Rights of persons with disabilities
Towards ratification of UN CRPD and OP-CRPD
128. We are committed to proceeding to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met.
129. On 21 October 2015, the Government published a roadmap to Ireland’s ratification of the CRPD which outlines legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated timeframe involved (Recommendations 106.1, 106.5).
130. The Roadmap to Ratification49, with a deadline of end-2016, shows that there is a substantial legislative agenda to complete across a number of Departments. It also sets out the considerable work currently underway to deal with outstanding barriers to Ireland’s ratification.
131. It is intended that Ireland will sign and ratify OP-CRPD at the same time as the Convention is ratified (Recommendations 107.1, 107.2).
New National Disability Inclusion Strategy (2016-2019)
132. The Department of Justice and Equality, together with the National Disability Authority and the National Disability Strategy Implementation Group (NDSIG) is undertaking a comprehensive consultation process with a view to putting in place a revised National Disability Inclusion Strategy. The consultation process provides the opportunity to interested parties to make recommendations in key areas such as service provision, accommodation, health, employment, and education.
133. It is intended that a revised Strategy will run from 2016 to 2020 and will be in place early this year (Recommendations 106.15, 106.16).
People with disabilities – Employment
134. The Government published the Comprehensive Employment Strategy for People with Disabilities50 in October 2015. It sets out a 10-year approach to ensuring that people
with disabilities who are able to and want to work are supported and enabled to do so. The Strategy requires a concerted cross-government approach that brings together actions by different Departments and state agencies to address the barriers and challenges for employment of people with disabilities.
135. We recognise that people with disabilities in Ireland are only half as likely to be in employment as others. The Strategy aims to increase the employment rate of people with disabilities from 33% in 2011 to 38% by 2024, and ensure that people with disabilities will not be left behind as employment recovers.
136. The Strategy’s measures seek to address the barriers to employment and improve pathways to work. A group to oversee the implementation of the Strategy has been established and will monitor the progress of the six strategic priorities51, ensuring that each Government Department is fulfilling its obligations and meeting necessary targets (Recommendation 106.16).
Capacity legislation
137. The Assisted Decision-Making (Capacity) Act 2015 is a comprehensive reform of the law on decision-making capacity. It is underpinned by a series of guiding principles which govern all actions encompassed by the Act. These enshrine a human rights approach into the legislation. A person is presumed to have capacity unless otherwise determined.
An intervention must be made in a manner that minimises the restrictions on a person’s rights and freedom of action. It must have due regard to the need to respect the right of the person to his or her dignity, bodily integrity, privacy and autonomy. The person’s will and preferences are central to the decision-making process.
Autism
138. Aware of the need to place a particular focus on autism, the Government adopted a programme of Additional Actions on Autism in June 2015. Key actions include:
• enhancing autism awareness in the public sector;
• providing guidance on autism for professionals in the justice system;
• ensuring that the Codes of Practice developed to implement the Assisted Decision- Making (Capacity) legislation take on board existing guidance relating to people with autism;
• up-skilling of key Health Service Executive personnel, teachers and special needs assistants;
• providing information supports for families with children with a disability, including those with autism;
• provision of multidisciplinary therapy services;
• providing improved housing supports to people with autism through training and guidance for housing support personnel; and
• addressing the needs of adults with autism.
M. Travellers and Roma
139. Our work to promote equality and inclusion in Irish society of the Traveller and Roma communities includes putting in place strong monitoring methods to evaluate the impact of inclusion actions in the key priority areas of health, education, employment, housing and anti-discrimination (Recommendations 106.30, 106.31, 160.32, 160.33,
