Order of Business, 16 November 2012

I echo the congratulations to the Irish team, which has given us all a boost. Perhaps we would like to skip over the budget and get straight to the European matches. Unfortunately, we cannot.

I have concerns at the kite flying that is happening. Vulnerable hard-pressed families are reading headlines every day and wondering what will happen. We should all be careful with our comments.

I echo what Senator Bacik said about St. Patrick’s Institution and seeking a debate in the House. It is of extreme concern and a gross violation of our human rights record. For the sake of the children in vulnerable situations we need to act as soon as possible.

Today, I raise the issue of transition year students. Most of us are aware of the transition year programme which promotes the personal, social, vocational and educational development of students and prepares them for their role as autonomous, participative and responsible members of society.

Recently, I received an application from a transition year student to work for one week in Leinster House as part of the work experience programme. I was informed that this is not possible. What better way to achieve these goals than by allowing young people to experience a working environment through one of the work experience programmes offered by most schools that conduct the transition year programme? The Houses of the Oireachtas lacks any dedicated structure to facilitate students who wish to experience the working life of the Parliament. Work experience is available for second level students with members of parliament in the European Parliament and the British Houses of Parliament. Why can we not do it here? Even closer to home, Dublin City Council offers second level work experience.

This experience is extremely valuable, would give students an insight into our work and would help them understand what we are doing here. I call on the Leader and the House to examine ways in which the Seanad could put in place a one week programme once a year to provide transition year students with an opportunity to listen to some of our key debates and a chance to partially shadow a Senator. The programme could be open to a lottery and provide to a limited number of transition year students an opportunity to see what we do. I ask that this be given serious consideration and I would be happy to give any support and assistance I can.

Order of Business, 13 November 2012

I congratulate the Tánaiste and Minister for Foreign Affairs, his Department, the permanent missions of Ireland to the United Nations in Geneva and New York, and everyone else involved in Ireland’s successful bid to secure a seat on the UN Human Rights Council in Geneva. It will be an interesting three years and I look forward to Ireland’s renewed focus on the implementation of the Human Rights Council’s universal periodic review recommendations now that we have member status.

With very warm wishes I say “well done” to everyone involved in the successful passage of the referendum on children’s rights, especially to the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald. This is a gratifying time for me personally and professionally.

I have campaigned for many years for this referendum and I anticipated the margin to be much more narrow as this is a difficult issue involving profound social change. Much comparison has been taking place in the media with previous referendums and I note this referendum pertained to social change. As this was a major difference from previous referendums, it is difficult to make comparisons. I believe this referendum will be transformative and the full extent of its impact is not yet known. A case will appear before the Supreme Court in ten or 20 years’ time, after which people will know that on Saturday, 10 November 2012, they made a difference.

However, I also urge caution in dismissing the “No” vote. I spoke at many meetings throughout the country and some of that “No” vote reflected a real fear of the social services and this is something to which Members must listen. One cannot simply dismiss the “No” vote by suggesting they all were anti-government. People have had negative experiences, in the current period or previously as children or as family or friends. Consequently, the Leader should facilitate the appearance in the House of the Minister for Children and Youth Affairs at the earliest opportunity to discuss in particular the report of the task force on the child and family support agency, which was published in July. I believe Members must play a role in shaping that new agency and they should address the fears people have raised.

In addition, Members also could discuss the fifth report of the special rapporteur on child protection and the Ryan report implementation plan, on which a three-year progress report was published earlier today. I also ask the Leader to ask the Minister for Children and Youth Affairs to introduce the adoption Bill to this House first. This issue is intricate and some of the relevant concerns were raised ensuring the debate. I believe this legislation will require timely and well thought-out debate.

Finally, I ask the Leader to schedule a debate in a timely manner after the Supreme Court judgment is given on 11 December. As the date on which the Supreme Court will give its detailed judgment is known, Members should have a timely debate to discuss the full implications.

Order of Business, 26 June 2012

I, too, welcome the publication of the consultation document on the criminalisation of the purchase of sex which I believe is the result of the motion the Independent group brought before the House on two occasions.

Last Friday, 22 June, the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, and the Minister for Justice and Equality, Deputy Alan Shatter, signed a statutory order to remove section 11(1)(e)(iii) of the Ombudsman for Children Act which excluded children detained in St Patrick’s Institution from the complaints remit of the Ombudsman for Children, Ms Emily Logan. The order will take effect from 1 July. I warmly welcome this move which I do not believe received much publicity. Prior to this, children held in prison, children in the Defence Forces and children involved in dealings with the Garda were the only three groups of children excluded from the remit of the Ombudsman for Children.

However, there is an ombudsman in place for both the Defence Forces and the Garda. It followed from the announcement of the Minister for Children and Youth Affairs on 2 April that the detention of children in St Patrick’s Institution would end on 1 May for all newly remanded or sentenced 16 and 17 year olds. They will now be detained in Oberstown. These two measures mark significant progress in the treatment of juvenile offenders and the observance of children’s human rights. However, I am mindful of the fact that there is still no independent, fair and impartial complaints mechanism for adult prisoners. Concern has been expressed in this regard by both the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the inspector of prisons, Mr. Justice Michael Reilly, in his annual report for 2010.

In Mr. Justice Reilly’s report he refers to a deficiency, to be rectified by 1 July 2011, in the following of proper complaints procedures, with supporting documents. I look forward to seeing what progress, if any, is recorded in his next annual report. I ask the Leader to invite the Minister for Justice and Equality to the House to confirm when the annual report of the Office of the Inspector of Prisons for 2011 will be published. I understand it was sent to the Minister on 17 April. I ask that we have a debate on how best an independent, transparent and accountable prisoner complaints mechanism can be established in the prisons.

Order of Business, 21 March 2012

I welcome the adoption by the UN Human Rights Council in Geneva last Thursday of the report of the working group on Ireland’s universal periodic review, UPR. During the review on 6 October last, UN member states made 127 recommendations to Ireland concerning our human rights record. As the Leader knows, I noted on the Order of Business before that the Government immediately accepted 26 recommendations, was unable to support 15 and undertook to further examine 50. On Thursday’s adoption, His Excellency, the permanent representative to the United Nations, Gerard Corr, announced that of the 50 pending recommendations, the Government has fully accepted 29, partially accepted one and was unable to accept four. In total, Ireland has made a commitment before our UN peers to implement either fully or partially 108 of the 127 recommendations.

I applaud Ireland’s civil society organisations for their valuable and committed engagement to the UPR process and commend their representatives who spoke so eloquently at the adoption of the working group report. I welcome the permanent representative’s announcement that he will publish a voluntary interim progress report on implementation in October 2013.

As this first cycle of the UPR comes to a close, the process does not end. We now embark upon the second, and the most important, cycle, the implementation of the recommendations. For that reason, I call on the Leader to invite the Minister for Justice and Equality, Deputy Shatter, to provide the House with information on how the Government is planning to implement the recommendations and the structures that will be put in place at national level to ensure effective implementation. The House has a role to play in monitoring and ensuring Ireland upholds its UN obligations.

In light of the Electoral (Amendment) Bill debate in the House last week, the commitment made by the Minister, Deputy Hogan, and the vote that took place, will the Leader call on the Minister for Public Expenditure and Reform, Deputy Howlin, to bring in a system of vouched expenses for the party leaders’ allowance without delay?

Order of Business, 1 February 2012

1st February 2012

I thank the Leader for promising to bring the Minister of State with responsibility for European affairs to the House next week to discuss the treaty on stability, co-ordination and governance. Like most of us I am in the process of studying it and will form my own view. I look forward to the upcoming discussion.
I will address two matters, the first of which is the universal periodic review. Members are aware that Ireland’s human rights record was subject to its first universal periodic review hearing last October, and the report of the working group on Ireland’s review, also known as the outcome document, will be adopted by the Human Rights Council during its 19th session on 16 March this year. Of the 126 recommendations contained in the outcome document, the Government has examined and accepted 62, and 49 recommendations are currently under consideration by the Government, with responses to be provided before the Human Rights Council session in March. Some 15 recommendations, the majority of which pertain to reproductive rights and combating racism, have been rejected.

The commitments made by the Government during this process and the potential for further commitments to be made before the adoption of the outcome document should yield significant improvements in the area of prison conditions, children’s rights, gender equality, mental health, freedom of expression and combating racism and discrimination. I ask the Leader to invite the Minister for Justice and Equality, Deputy Shatter, to the Chamber to advise and debate with Senators as to the status of the 49 recommendations under consideration, and to outline how the relevant Departments plan to build on the exemplary consultation process with non-governmental organisations and civil society in the lead-up to Ireland’s review and the next review of 2016.
There is a second issue, although I will not repeat my requests in detail. On 18 and 25 January I asked that the Minister for Children and Youth Affairs be invited to the Seanad to address questions on the proposed children’s referendum, the interim measures for children currently detained in St. Patrick’s institution, the new children and family support agency and the potential to use the Children’s Rights Alliance report card as the basis for this debate. I know there is much talk of referendums in the air but I advise Senators that the children’s referendum needs to take place.

I will give a reason for this. There are 2,000 children in long-term foster care and the referendum would make them eligible for adoption. Once these children turn 18, that right is extinguished, so as the days and months roll on, let us be conscious that as we deliberate, we are potentially denying these children what everybody agrees should be allowed, namely, the security of being part of a family. I repeat my call that the Minister for Children and Youth Affairs update this House on the status of the children’s rights referendum. The issue cannot be debated any longer and we must change it. There are 2,000 very good reasons to have that referendum.

Order of Business, 1 February 2012

I thank the Leader for promising to bring the Minister of State with responsibility for European affairs to the House next week to discuss the treaty on stability, co-ordination and governance. Like most of us I am in the process of studying it and will form my own view. I look forward to the upcoming discussion.

I will address two matters, the first of which is the universal periodic review. Members are aware that Ireland’s human rights record was subject to its first universal periodic review hearing last October, and the report of the working group on Ireland’s review, also known as the outcome document, will be adopted by the Human Rights Council during its 19th session on 16 March this year. Of the 126 recommendations contained in the outcome document, the Government has examined and accepted 62, and 49 recommendations are currently under consideration by the Government, with responses to be provided before the Human Rights Council session in March. Some 15 recommendations, the majority of which pertain to reproductive rights and combating racism, have been rejected.

The commitments made by the Government during this process and the potential for further commitments to be made before the adoption of the outcome document should yield significant improvements in the area of prison conditions, children’s rights, gender equality, mental health, freedom of expression and combating racism and discrimination. I ask the Leader to invite the Minister for Justice and Equality, Deputy Shatter, to the Chamber to advise and debate with Senators as to the status of the 49 recommendations under consideration, and to outline how the relevant Departments plan to build on the exemplary consultation process with non-governmental organisations and civil society in the lead-up to Ireland’s review and the next review of 2016.

There is a second issue, although I will not repeat my requests in detail. On 18 and 25 January I asked that the Minister for Children and Youth Affairs be invited to the Seanad to address questions on the proposed children’s referendum, the interim measures for children currently detained in St. Patrick’s institution, the new children and family support agency and the potential to use the Children’s Rights Alliance report card as the basis for this debate. I know there is much talk of referendums in the air but I advise Senators that the children’s referendum needs to take place.

I will give a reason for this. There are 2,000 children in long-term foster care and the referendum would make them eligible for adoption. Once these children turn 18, that right is extinguished, so as the days and months roll on, let us be conscious that as we deliberate, we are potentially denying these children what everybody agrees should be allowed, namely, the security of being part of a family. I repeat my call that the Minister for Children and Youth Affairs update this House on the status of the children’s rights referendum. The issue cannot be debated any longer and we must change it. There are 2,000 very good reasons to have that referendum.

Address by Dr. Mary Robinson

24th November 2012

On behalf of the Independent group of Taoiseach’s nominees, I warmly welcome Dr. Robinson back to Seanad Éireann and congratulate her on her truly formidable career to date. I thank her so much for her inspiration. She has clearly articulated and illustrated to us the tremendous role she has played as a human rights activist. I commend her particularly for her steadfast and committed work in the fields of human rights, justice and equality, both in Ireland and internationally. In 1999, when she was United Nations High Commissioner for Human Rights, she articulated her understanding of the aim of human rights as follows:

To push beyond standard-setting and asserting human rights to make those standards a living reality for people everywhere … to move beyond the design and drawing-board phase, to move beyond thinking and talking about the foundation stones, to laying those foundation stones, inch by inch, together.

She was true to this understanding of human rights long before her appointment as UN High Commissioner for Human Rights. During her 20 years as a Senator she was a human rights activist in the truest sense. She was never afraid to engage with difficult and controversial issues. Her vocal opposition and active campaigning on different issues have been instrumental in shaping the Ireland we, as Irish women, live in today. In her campaign to eliminate discrimination against women she was a key player in improving the living reality for women in Irish society. Many of the present generation of Irish women entering into employment in the Civil Service are blissfully unaware that until as recently as 1973 they would have been legally obliged to leave their employment upon marriage. It is equally difficult to comprehend that it was not until 1975 that women were deemed eligible for jury service.

There have undeniably been advances in the promotion of gender equality in recent years. However, considering the fact that there have been only 86 female Senators since the first Seanad, as Dr. Robinson said, there is room for improvement. To share my own memories, almost 20 years ago I attended a training course of the World Association of Girl Guides and Girl Scouts in Mexico on the diversity of women in our cultures and how we could achieve leadership. At the time Dr. Robinson was President of Ireland and I can tell her she clearly inspired so many women from around the world, both at the time and afterwards. In fact, I admire her because she has never deviated from her principles, irrespective of the high level political positions she has held. Like my colleagues, I would be interested to hear her opinions. If she were a Member of the 24th Seanad, on what issues would she focus?

As the outgoing chief executive of the Children’s Rights Alliance, I have been campaigning for many years to strengthen children’s rights in the Constitution. In 1976 Dr. Robinson was, in fact, the first public representative to recognise the need to insert some changes in the Constitution to safeguard the welfare of children. During the Seanad debate on the Adoption Bill 1976 she expressed her disappointment that a constitutional amendment on adoption would only paper over some of the defects and consequently fail to deliver a broad-based reform of the law in line with the charter on children’s rights. While it is beyond disappointing that in the subsequent 35 years we have not managed to ensure children’s rights are upheld in the Constitution, we have arrived at a unique juncture at which there is consensus across the Houses on the need to strengthen children’s rights in the Constitution and we have an assurance from the Minister for Children and Youth Affairs, Deputy Frances Fitzgerald, that a referendum will be held in 2012. This action is necessary to positively change the living reality for children in Ireland. I ask Dr. Robinson for any advice she might give us on how we can get over the line in this referendum.

I wonder whether Dr. Robinson would share with us her thinking on how best to implement and breathe life into the human rights recommendations made to Ireland during the universal periodic review in Geneva in October.

Human Rights in Ireland – Guest Post: Van Turnhout on Criminalising the Purchase of Sex

21st November 2011

 

We are delighted to welcome this guest post from Senator Jillian Van Turnhout on the efforts of the Independent Group in the Seanad to criminalise the purchase of sex.

On 12 October 2012, the Independent Group of Senators tabled a motion in Seanad Éireann to criminalise the purchase of sex in Ireland in order to curb prostitution and trafficking. The impetus for the motion was twofold. First, recognition that demand for prostitution in Ireland is intrinsically linked to increased cases of woman and girls being trafficked into and around Ireland for sexual exploitation. Second, recognition that trafficking for sexual exploitation is a modern form of slavery, an egregious human rights abuse and a violation of international law.

Having given my consideration to a number of arguments against criminalising the purchase of sex in Ireland, I find myself unconvinced by them. One argument contends that criminalising the purchase of sex violates a sex worker’s right to exercise self-determination over their own body. I must respectfully disagree. It is my belief that when we peel away the complex layers of how and why women, and to a lesser extent men and boys, sell their bodies for the sexual gratification of others, it is clear that the path into prostitution did not start with the simple exercise of their right to self-determination over their body. Indeed, research indicates that a significant number of women end up in prostitution as a result of poverty, debt, homelessness, addiction, or having been groomed by a partner, family member or friend. Many will have experienced serious abuse or neglect in childhood or early adulthood.

I believe that the inherent coercion, whether the result of violence or economic hardship, and the exploitative nature of the sex industry, which in Ireland alone is estimated to be worth €250 million each year, renders free and informed consent to prostitution all but impossible. Furthermore, for those who argue in defence of prostitution on the basis of consent, I would ask these people to be mindful that the age identified internationally for entry into prostitution is 14, an age at which consent cannot be given.

The Turn Off the Red Light Campaign (TORL) to end prostitution and sex trafficking in Ireland has done tremendous work in this area. Most TORL members are civil society groups and NGOs that have direct experience of the devastating effects prostitution can have on women, children and men involved in its practice. These devastating effects are physical, such as sexually transmitted infections, injuries sustained as the result of beatings and rapes, gynaecological difficulties owing to multiple terminations, and many other health complications relating to prostitution. There are also mental and emotional injuries, deeply embedded in the psyche of sex workers and victims of trafficking, which they will carry with them for the rest of their lives. As devastating as these effects are for adults, the impact is almost unimaginable for children and child victims of trafficking for sexual exploitation. I am particularly concerned about the vulnerability of homeless and separated children in Ireland to prostitution and trafficking.

Focus Ireland has estimated that as many as 1,500 children are homeless in Ireland each year. 800 of them are unaccompanied, and a quarter of these are under the age of 12. Inadequate resourcing in this area, coupled with an insufficient number of places for children in safe, sheltered accommodation, is said to be forcing some children to resort to prostitution to survive. An increase in substance abuse amongst homeless youths, particularly males, has also seen increased recourse to prostitution. There is evidence to suggest that boys as young as 13 are involved in prostitution in Dublin City. Cognisant of the link between youth homelessness and child prostitution, and in addition to the introduction of the legislation called for in our Seanad motion, I believe that the Government needs to breathe life into its pledge to address the issue of existing homelessness, with a specific focus on youth homelessness, by reviewing and updating the existing Homeless Strategy.

Separated children or unaccompanied minors are defined as being under 18 years of age, separated from both of their parents or their legal/customary primary caregiver, and outside their country of origin. Separated children are an extremely vulnerable group owing to their unaccompanied status. Many have experienced war and violence, and some have been trafficked into Ireland for sexual exploitation. There have been a number of improvements in the situation for separated children in Ireland under the Ryan Report Implementation Plan, particularly in relation to accommodation arrangements. Measures are also being taken to tackle false family reunifications through the use of DNA identification.

Nevertheless, instances of children going missing from care are of deep and ongoing concern. Minister of State for Disability, Equality and Mental Health, Kathleen Lynch TD informed the Seanad debate that there are 16 cases of children missing in Ireland still outstanding in 2010 alone, and 11 of those are unaccompanied minors. There is strong anecdotal evidence that a number of these children could have been trafficked into prostitution and other forms of sexual exploitation. In September 2011, the Children’s Rights Alliance submitted to the Department of Justice and Equality’s Anti-Human Trafficking Unit collated case studies of suspected and confirmed child victims of trafficking in Ireland. The case studies paint a dreadful picture of exploitation and include:

A 15 year old Somali rescued from a brothel in 2006 after being trafficked into Ireland; a 16 year old Nigerian girl who arrived to Ireland as a separated child in 2009 and was enticed out of HSE residential care by a man who later got her involved in prostitution; and a 16 year old girl from Burundi, held captive in a house in Co. Louth and abused. She had been taken from her village in Africa at the age of 12 and introduced into sex slavery in different countries before being trafficked to Ireland for more sexual exploitation. I have also heard dreadful accounts by an NGO, which were subsequently documented, of Eastern European girls as young as 14 being trafficked to Ireland, brutally and systematically raped over a number of days to “break them in,” before being shipped off to various brothels around the country.

These are just a few examples, but I fear they represent just the tip of the iceberg. This is an intolerable situation. The sex industry in Ireland is extremely lucrative. Children continue to be victims of prostitution and trafficking because it is good business for organised criminals and traffickers.

After much research into the issue, I firmly believe that legislation is needed. I was very disappointed that our motion did not succeed on 12 October. Instead, the Government proposed a six-month timeframe in which to hold a considered public debate before the issue is revisited. I look forward to this renewed debate. As Leader of the Independent Group of Senators, I have extended a number of invitations to the Turn Off the Blue Light Campaign, a sex worker led association campaigning against calls to criminalise the purchase of sex in Ireland, to come and discuss their concerns with the authors of the motion. They have indicated that they will do so after completion of a survey they are currently undertaking with sex workers.

Readers may be interested in following the debate as it unfolded in the Seanad;

http://www.kildarestreet.com/sendebates/?id=2011-10-12.192.0

 

Article link: http://www.humanrights.ie/index.php/2011/11/21/guest-post-van-turnhout-on-criminalising-the-purchase-of-sex/

Order of Business, 16 November 2011

16th November 2011

I echo the congratulations to the Irish team, which has given us all a boost. Perhaps we would like to skip over the budget and get straight to the European matches. Unfortunately, we cannot.

I have concerns at the kite flying that is happening. Vulnerable hard-pressed families are reading headlines every day and wondering what will happen. We should all be careful with our comments.

I echo what Senator Bacik said about St. Patrick’s Institution and seeking a debate in the House. It is of extreme concern and a gross violation of our human rights record. For the sake of the children in vulnerable situations we need to act as soon as possible.

Today, I raise the issue of transition year students. Most of us are aware of the transition year programme which promotes the personal, social, vocational and educational development of students and prepares them for their role as autonomous, participative and responsible members of society.

Recently, I received an application from a transition year student to work for one week in Leinster House as part of the work experience programme. I was informed that this is not possible. What better way to achieve these goals than by allowing young people to experience a working environment through one of the work experience programmes offered by most schools that conduct the transition year programme? The Houses of the Oireachtas lacks any dedicated structure to facilitate students who wish to experience the working life of the Parliament. Work experience is available for second level students with members of parliament in the European Parliament and the British Houses of Parliament. Why can we not do it here? Even closer to home, Dublin City Council offers second level work experience.

This experience is extremely valuable, would give students an insight into our work and would help them understand what we are doing here. I call on the Leader and the House to examine ways in which the Seanad could put in place a one week programme once a year to provide transition year students with an opportunity to listen to some of our key debates and a chance to partially shadow a Senator. The programme could be open to a lottery and provide to a limited number of transition year students an opportunity to see what we do. I ask that this be given serious consideration and I would be happy to give any support and assistance I can.

Address by President of the Irish Human Rights Commission

28th September 2011

I thank Dr. Manning for a very informative and enlightening address. I am strongly committed to the promotion and protection of human rights in Ireland, particularly children’s rights. I note that today is the 19th anniversary of Ireland’s ratification of the UN Convention on the Rights of the Child – I am calling it national children’s day.

I wish to focus on commending all the national NGOs, civil society organisations and relevant stakeholders for their contributions to the UPR process. I would particularly like to congratulate the UPR cross-sectoral steering group for its innovative and inclusive national consultation process, which I believe is the model of best practice for NGO consultation and could be shared with others, particularly developing countries, after the report. I note also the act of engagement by the Department of Justice and Equality.
I wish to ask Dr. Manning the value of establishing a Department of Justice and Equality NGO standing committee, akin to the Department of Foreign Affairs NGO standing committee which was established in 1997, in order to provide a formal framework for a regular exchange of views between the Department and the NGO-civil society community on the follow-up and implementation of the UPR recommendations in Ireland over the next four years.