Relevant Matter
Legislation
Public Policy Area
Justice and Equality
Period
1 Jan, 2018 to 30 Apr, 2018
Specific Details
Submission on Ireland's Combined 5th, 6th and 7th Periodic Report to the UN Committee on Racial Discrimination
Intended results
The National Consultative Committee on Racism and Interculturalism (NCCRI) should be reestablished as it is an indispensable resource in combatting racism and promoting interculturalism.
The Irish Traveller Movement Independent Law Centre should be reinstated, together with necessary funding. This would ensure that together with the social, health and educational initiatives that the State is carrying out, adequate and appropriate legal services are provided which address the specific needs of the Traveller community.
Focused and distinct legislation, beyond the constraints of the Offences Against the State Act, 1939,is required to address the nuanced issue of racist organisations. Prompt enactment of the Criminal Justice (Aggravation by Prejudice) Bill 2016 is urged to ensure the formal recognition of racial motivation and prejudice as an aggravating factor in sentencing criminal offences.
The Society also supports the continuing review of current legislation on racially motivated crimes, including online hate speech, set out in the National Migrant Integration Strategy.
. The State must reinforce its efforts to reduce the amount of time that protection applicants spend in direct provision and to ensure full implementation of all recommendations in the Mahon Report. The Society also encourages the State to move forward with its intention to give asylum seekers the right to work where their claim remains undetermined within nine months, on the basis that the right will promote greater integration and interculturalism.
The State is urged to widen the scope of family reunification and to consider the impact of the lack of formal appeal on applicants’ right to access to justice. The Constitutional right of personal liberty and freedom, and international obligations arise in the treatment of immigration detainees and international protection applicants.
The State’s report to UNCERD should include the recommendations made by the Inquiry conducted by the Ombudsman for Children into the ‘Athlone Case’, and the response of the State to those recommendations particularly in relation to the cultural competence within An Garda Síochána.
A specific amendment is recommended to the Garda Síochána (Discipline) Regulations 2007, making it an actionable breach of discipline for a Member of An Garda Síochána to engage in racial profiling, and allow for complaints in that regard to be investigated by the Garda Síochána Ombudsman Commission (GSOC).
Consideration be given to the Minister for Justice and Equality prescribing by Order the Workplace Relations Commission as a Tribunal for the purposes of section 27(2) of the Civil Legal Aid Act 1995. This would mean that individuals who consider they have been discriminated against in their employment or in relation to accessing goods and services would have the possibility of being legally aided subject to the relevant means test and merits test that apply under the Civil Legal Aid Act.
Name of person primarily responsible for lobbying on this activity
Ken Murphy, Director General
Did any Designated Public Official(DPO) or former Designated Public Official(DPO) carry out lobbying activities on your behalf in relation to this return? You must include yourself, and answer Yes, if you are a current DPO or a DPO at any time in the past. (What is a Designated Public Official?)
No
Did you manage or direct a grassroots campaign?
No
Was this lobbying done on behalf of a client?
No
Lobbying activity
The following activities occurred for this specific Subject Matter Area.
Submission (1)
Our submission may be accessed directly at: https://www.lawsociety.ie/submissions
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Designated public officials lobbied
The following DPOs were lobbied during this return period on this specific Subject Matter Area. These DPOs were involved in at least one of the Lobbying Activities listed above, but not necessarily all of them.
As returns are specific to a Subject Matter Area the above Lobbying Activities may be associated with multiple returns.
Charlie Flanagan
TD (Dáil Éireann, the Oireachtas)