EQUALITY COMMISSION FOR NORTHERN IRELAND ONE HUNDRED AND NINETEENTH MEETING HELD ON WEDNESDAY 28 JANUARY 2015 IN EQUALITY HOUSE, BELFAST MINUTES

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1 EQUALITY COMMISSION FOR NORTHERN IRELAND ONE HUNDRED AND NINETEENTH MEETING HELD ON WEDNESDAY 28 JANUARY 2015 IN EQUALITY HOUSE, BELFAST MINUTES Present Michael Wardlow Jane Morrice Fidelma Carolan Anna Carragher Kit Chivers Milton Kerr Lyn McBriar Stephen McIlveen Dermot Nesbitt Peter Sheridan Norman Trotter Murray Watt Chief Commissioner Deputy Chief Commissioner (until Matters Arising) Apologies Stella Burnside Patricia Feeney Charo Lanao-Madden Liam Maskey In attendance Evelyn Collins Keith Brown Eileen Lavery Jacqui McKee Darren McKinstry Louise Conlon Roisin Mallon Chief Executive Head of Corporate Services Head of Advice and Compliance Director, Advice and Compliance Director, Policy and Research Manager, Secretariat Manager, Policy and Research (part) 1. Introduction The Commission extended its sincere condolences to Lyn McBriar and Patricia Feeney on the recent death of their mothers. 1

2 2. Minutes EC/15/02/1 The minutes of the one hundred and seventeenth meeting held on 26 November 2014 were signed as a true and accurate record. 3. Matters Arising Pg 3: Good Relations - Key Messages: The Chief Commissioner had written a blog highlighting the importance of the Framework Convention on the Protection of National Minorities which was published on 16 December Commissioner Dermot Nesbitt asked to speak in response to this matter arising. He expressed his personal disappointment at the process by which the Commission had addressed the matter of the Framework Convention, explicitly the Chief Commissioner s blog, which he believed had not addressed the fundamental matter he had raised at the November Commission. Mr Nesbitt reflected that he had considered the matter and felt that he had no alternative except to withdraw from the meeting as a mark of protest. He then left the meeting. There was a short discussion following Mr Nesbitt s withdrawal, where fellow Commissioners tried to understand better the reason for his withdrawal. The Chief Commissioner agreed to contact Mr Nesbitt to arrange to meet him before the next meeting to try and resolve the matter. Following the discussion, it was agreed that it would be important to confirm the mechanism through which Commissioners can record their dissent with any course of action or decision taken by the Commission with which they disagreed. Pg 4: Business Reporting: Commissioners had met on 14 January to discuss the budget position for 2015/16. A draft Business Plan was on the agenda for consideration. Policy Issues [Commissioner, Stephen McIlveen, declared an interest in the next item and left the meeting.] - Consultation on NI Freedom of Conscience Amendment Bill Response EC/15/02/2 2

3 The Senior Policy Officer introduced a draft response to this consultation on a NI Freedom of Conscience Amendment Bill. She provided some background information to the Bill and drew attention to a number of areas in the draft response. Commissioners agreed that the exceptions in this proposed Bill were not consistent with the approach adopted under other areas of equality law in Northern Ireland or in other parts of the UK. It was agreed that any exception in equality law needed to be narrowly defined and objectively justified. The scope of the proposed Bill was too wide and it lacked legal clarity and certainty in a number of areas. A number of minor amendments to the text were suggested including amending the Executive summary to include more comment on the unbalanced nature of the Bill s introductory paragraph and strengthening the section on costs to businesses. Commissioners agreed the proposed response subject to the suggested amendments and commended its content and tone. Commissioners agreed that it would be useful to have further discussions on the intersection between freedom of religion and conscience and aspects of equality law. It was agreed that a joint meeting with the Northern Ireland Human Rights Commission may provide a useful forum for such a discussion. The Chief Commissioner undertook to discuss the matter with the Chief Commissioner of the NI Human Rights Commission. 4. Business Reporting - Finance Report: 1 October 31 December 2014 EC/15/02/3 The Head of Corporate Services presented this report which provided information on the financial position as at 31 December 2014 and indicated that 73% of the overall cash available had been utilised. Particular attention was drawn to Annex 5. Commissioners were advised that a further 15 staff members would leave the organisation on 31 January 2015 following approval of requests for Flexible Early Severance. This would further reduce the staff complement to 97 Full Time Equivalent staff, a reduction of 30% over the last five years. 3

4 4 The Chief Executive was scheduled to meet the Accounting Officer at OFMDFM the following week to discuss the budget allocation for 2015/16 and it was noted that the overall budget reduction for OFMDFM was 12.8%. There was a detailed discussion on the impact of budget reductions on staff morale and on sickness levels including the importance of prioritising initiatives, even in tough financial periods, that would ensure staff felt valued and rewarded. The importance of having robust sickness management procedures was also noted. Further information on sickness absence would be considered by the Audit and Risk Committee at its next meeting in February There was a brief discussion on the Voluntary Exit Scheme currently being drawn up by the NI Civil Service. It was expected that Arms Length Bodies would be able to avail of this scheme although there was currently no detailed information available. Commissioners noted the report. - Business Plan Progress Report: 1 April 31 December 2014 EC/15/02/4 The Chief Executive presented this report which detailed progress being made against the objectives in this year s Business Plan. Commissioners noted the report. - Communication Report: 1 October 31 December 2014 EC/15/02/5 The Head of Corporate Services presented the Communications Report for the three months to 31 December 2014 which showed significant communications activity over the last period. Commissioners noted the report. A Commissioner stressed the importance of reporting on decisions and settlements for assisted cases on the Commission s website and the Chief Executive agreed to ensure that these reports were up to date. 6. Other Matters for Commission Decision - Draft Business Plan EC/15/02/6 The Chief Executive presented the draft Business Plan for The Commission was required to submit its draft business plan to OFMDFM by 31

5 January The current draft was aligned to the Corporate Plan objectives, following the Commission s request to OFMDFM to extend this Corporate Plan for a further year. The current draft would need further consideration following confirmation of the Commission s budget allocation by OFMDFM. Commissioners approved the Business Plan but noted that revision might be necessary following the outcome of the budget discussions and that a costed Business Plan would be on the agenda for the next meeting. 7. Chief Commissioner s Business EC/15/02/7 The Chief Commissioner reported on a number of engagements this month including on a meeting with Junior Minister McCann with the members of the Common Platform on the Racial Equality Strategy. The Chief Commissioner and Chief Executive had a series of meetings with Church leaders including with the Roman Catholic Archbishop of Armagh, the Church of Ireland Archbishop of Armagh and the Moderator of the Presbyterian Church. A meeting with the Methodist Church would take place shortly. 8. Chief Executive s Report EC/15/02/8 The Chief Executive added detail to her previously circulated report including reporting on a recent meeting with the Chief Executives from other OFMDFM Arms Length Bodies. 9. Matters for Information - Department of Justice consultation on amending the Criminal Law on Abortion in relation to Lethal Foetal Abnormality and Sexual Crime Outline EC/15/02/9 Commissioners noted this response. 10. Any Other Business There was no other business discussed. 5

6 11. Date of next meeting One hundred and twentieth Commission Meeting will be held on Wednesday, 25 February 2015, at 1.30 pm in Equality House. The meeting closed at 4.25 pm Signed Date 6