Garda 'slow' on rights changes

The president of the Irish Human Rights Commission has expressed concern at the slow response of the Garda in introducing changes…

The president of the Irish Human Rights Commission has expressed concern at the slow response of the Garda in introducing changes that would make the force fully compliant with its human rights obligations.

Dr Maurice Manning, who was recently reappointed by the Government as head of the State body responsible for protecting and policing human rights, said changes introduced in the North have been more encouraging.

He said there was a culture that was more resistant to change in the Garda, but expressed hope that the force would soon meet its human rights obligations.

"The gardaí have been much slower than the Police Service of Northern Ireland in bringing a fully-proofed human rights regime into their rules and activities," Dr Manning said.

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"We're working closely with them at the moment to see how this can be done. Real progress has been made, but we also have an obligation to monitor what's happening. And if the Garda don't make sufficient progress, we'll say so and we'll say so very loudly.

"The Garda is an organisation in which it is difficult to bring about changes. There's a culture which is not particularly open to it. What encourages me is that in the middle ranks there are some extraordinary people pushing hard for change from within and who welcome the support we give them."

The commission is due to publish a major piece of research shortly which will examine how everyday Garda activities - such as arrest, detention and questions - compare to human rights standards.

Much of the research was commissioned from Prof Dermot Walsh of the University of Limerick, while other research involved senior members of staff at the commission.

Dr Manning added: "We believe, as Chris Patten said, that human rights is at the heart of policing. If the Garda can get its human rights practices right, it will make their job a lot easier, as a case will be less likely to be unsafe or collapse because of sloppy police work. It is very much in their interests that they are human rights compliant."

The commission is also seeking to work more closely with political parties and the Oireachtas in order to ensure legislation and public policy is framed with a human rights ethos in mind.

"It's important that all political parties and Oireachtas committees engage in early and structured dialogue with the commission. We would ask the Government to look again at a proposal we put to it - that just as all legislation is finance-proofed and gender-proofed at the outset, it should also be human rights-proofed."

While the commission is currently accountable to the Department of Justice, he said it wished to be made accountable to the Oireachtas because of the overarching and universal nature of human rights.

Dr Manning said there was concern over the Government's use of the "guillotine", which involves rushing legislation through the Dáil and Seanad, without sufficient time to debate new laws.

He said this was resulting in poorly-constructed legislation which was vulnerable to legal challenges and where flaws only became apparent after the laws had been enacted.

The commission also wants to work more closely with government departments and civil servants, so it can help "human rights proof" legislation as early as possible.

"There is a perception problem. Part of it is that some civil servants feel we're another body of do-gooders who don't understand the real world and want to make their life more difficult. It's our job to talk to these people and explain that it's in everyone's interest to have legislation that's human rights compliant. It means better government and delivery."

He pointed to the Department of Defence as a progressive example. It has launched a review of legislation relating to the Defence Forces and whether it meets obligations contained in the UN Convention on Human Rights, which Ireland has signed up to.

While the economic boom has benefited many in society, the commission says it will pay attention to those who have had their rights infringed. Earlier this year, for example, it highlighted the injustice concerning hundreds of pensioners who paid PRSI when they were self-employed, but received no benefit.

"We plan to focus on how human rights laws and principles can address inequalities and injustice in our society and promote inclusiveness and respect for diversity," Dr Manning said.

Outlining the commission's overall role, he said it was an independent body, aiming to ensure the human rights of all people in the State were fully realised and protected in law, policy and practice.

Not everyone has appreciated its work. As minister for justice, Michael McDowell took a number of swipes at arguments put forward by the group, although Dr Manning insists that its concerns were taken seriously.

"He was scrupulous in referring legislation to us. A great deal of what we said was listened to and resulted in changes. He also rejected a lot of what we said, but as a minister he may have had other considerations to take into account. At least it was all out in the open and people knew why he wasn't taking a certain course of action."

Today, just over five years after it was properly established, the commission is a body which can't be ignored by people in authority. "Rights aren't something to be afraid of," said Dr Manning. "They won't wreck the coffers of the State, nor will they bring a Utopia tomorrow, but promoting and protecting them will be to the benefit of everyone."

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent