Equality and Non-discrimination: National Priorities and Challenges for 2012 2013 for purposes of EU Progress Action Grant Application 2012 IRELAND 1. Dialogue mechanism put in place In preparing this framework document, the national PROGRESS Anti-Discrimination contact point consulted with an Ad hoc Advisory Committee involving Government Departments and statutory bodies, the social partners, representative organisations and academic and professional bodies. The Committee met on 14 June to discuss the content of this document. This Committee was set up by the Equality Authority in the context of the EYEOA 2007 activities in Ireland and its remit extended to advise on programmes funded under EU PROGRESS since 2008. Its present membership is given in Table 1.1 below. The interests of persons under all grounds of discrimination covered by Article 19 TFEU and under domestic equality law are represented on the Committee. Table 1.1 Membership of the Ad-hoc Advisory Committee (May 2012) Name Organisation Deaglán Ó Briain (Chair) Paul Cullen Dr Carol Baxter Cathal Kelly Peter Brown David Joyce Frances Byrne Rachel Doyle Máiréad Hayes Lynn Jackson Siobhán Kane Dr Carol-Anne O Brien Ailbhe Smyth Brian Sheehan Siobhán O'Donoghue Fidele Mutwarasibo Susan Fay Mary Quirke Mary O'Connor Perry Ogden GOVERNMENT DEPARTMENTS & STATE AGENCIES National PROGRESS anti-discrimination contact point - Department of Justice and Equality National PROGRESS Contact Point - Department of Jobs, Enterprise and Innovation Equality Authority (Manager, Irish PROGRESS action) Equality Authority (Co-ordinator, Irish PROGRESS action) National Office for Equity of Access to Higher Education, HEA REPRESENTATIVE ORGANISATIONS & SOCIAL PARTNERS Irish Congress of Trade Unions OPEN National Women s Council of Ireland Irish Senior Citizens Parliament Holocaust Education Trust Inclusion Ireland BeLonG To Youth Services National Lesbian and Gay Federation GLEN Migrant Rights Centre, Ireland Immigrant Council of Ireland Irish Traveller Movement Association for Higher Education Access and Disability (AHEAD) Camogie Association Sport Against Racism Ireland (SARI) 1
2. National situation and priorities for 2012-2013 2a. National context (max. 1 page). (i) Economic and financial context Ireland continues to experience a difficult labour market and low consumer confidence. The reduced resources available to the State as a result of the challenging economic situation has placed further strain on the provision of public services. An October 2011 OECD survey on Ireland s economic situation noted that "...The crisis caused a sharp rise in joblessness and large numbers of young less-educated males remain unemployed. The risk is that joblessness becomes persistent, which could undermine the social consensus that is underpinning the economic and fiscal adjustment. A modest recovery is underway, driven by gains in competitiveness and increases in exports, but it comes with significant downside risks associated with market fears regarding financial stability in the euro area. [ ] an orderly return towards a more balanced financial position is possible, provided that tight fiscal policies and wage restraint are in place sufficiently long. To increase the chances of success, the authorities need to continue vigorously implementing the measures required to complete the unwinding of imbalances, ensure that the burden is fairly shared and capitalize on the structural strengths of the Irish economy. These include its business friendly environment, its flexible labour markets and a skilled labour force. Measures to restore order to public finances, identifying areas of economic activity to provide growth and employment, were set out in the National Recovery Plan 2011-2014, published in November 2010. Enhanced service efficiencies to ensure a more focused public sector are set out in a Public Service Reform Plan published in November 2011 and an associated programme of State Agency rationalisation. The challenge for Ireland, in rebuilding our economy, is to hold true to the vision of a society which fosters equal opportunities for all. (ii) Relevant institutional, policy and legal developments at national level A number of national priorities in the area of equality and human rights are set out in the current Programme for Government. The Government has made relevant commitments on foot of public consultations and recommendations issued under UN human rights universal periodic review process, undertaken in Ireland in 2011. Preparations are also underway for Ireland s presidency of the EU over the period Jan-June 2013. Work is advancing on a new, enhanced Irish Human Rights & Equality Commission, established on merging the Equality Authority and Human Rights Commission, with legislation to be published in 2012. A review of the employment rights infrastructure and proposals for inclusion of the Equality Tribunal into the Labour Court framework is underway. A new National Housing Strategy has been launched. A Children and Young People's Policy Framework is under development and a major review is underway of patronage arrangements in schools. A convention to review aspects of the Constitution of Ireland has also been announced. (iii) The role of NGOs and social partners NGOs and social partners continue to be involved in monitoring the implementation of multiannual strategies for people with disabilities, women and Travellers. NGOs and social partners have been consulted and have been closely involved in the delivery of other EU funded anti-discrimination and equality programmes. 2
2b. Needs at national level (max 1,5 pages) Preliminary results from the National Census of April 2011 confirm that the makeup of the Irish population has changed profoundly, and rapidly, over the past decade 1. The extensive public consultation undertaken in preparing for Ireland s first report under the UN Human Rights Commission s Universal Periodic Review process in 2011 delivered invaluable domestic and international feedback on progress towards achieving the State s targets in the fields of equality and human rights. Indications of the impact of Ireland s equality legislation after ten years in operation, a period of significant inward migration and changing economic climate, were given by results published in 2011 of the 2010 National Equality Survey on perceived discrimination in Ireland, in comparison to previous survey results from 2004. These initial results showed no major changes in the prevalence of perceived discrimination, but highlighted continuing low awareness of equality legislation, supports and remedies among some sectors of the population. Detailed analysis of the 2010 survey microdata will be undertaken during 2012 and is expected to shed further light on the nature and extent of perceived discrimination both in the work context and in relation to services. This analysis will inform future strategic choices in the field of equality, such as identifying population groups and sectors of the economy that may benefit from proactive targeted information campaigns and supports, dissemination of good practices or particular monitoring for discriminatory practices. National activities in the field of non-discrimination are also driven by the needs identified and the priorities set out in the Programme for Government for the period 2011-2016. These include promotion of policies which integrate minority ethnic groups in Ireland and which promote social inclusion, equality, diversity and the participation of immigrants in the economic, social, political and cultural life of their communities. Co-ordination and integration of delivery of services to the Traveller Community across Government is to be increased, using available resources more effectively to deliver on principles of social inclusion, particularly in the area of Traveller education. Following wide consultation, it is proposed to publish a realistic implementation plan for the National Disability Strategy, including sectoral plans with achievable timescales and targets within available resources and ensure whole-of-government involvement and monitoring of the Strategy, in partnership with the disability sector. Work will also continue to ensure that trans-gender people have legal recognition and enjoy protection under equality legislation, with legislation currently in preparation for recognition of the acquired gender of transsexual persons in respect to the issue of birth certificates and provisions for marriage. Specific aspects of equality legislation being examined in the period to which this Call refers are changes to implement the ECJ decision in the Test-Achats judgement, to implement gender neutral pricing and benefits in insurance, and a review of provisions relating to religious ethos. 1 From a largely homogeneous population in 2001, by 2011 approximately 17% of persons resident in Ireland were born outside the State. Almost 25% of births in 2010 were to mothers born outside Ireland. 3
2c. Priorities for 2012-2013 (max. 1,5 pages) Ensuring the best qualified have access to work, that available talents are harnessed and barriers to broadening the customer base are removed are recognised as key factors to reversing the economic downturn. The manner in which employees are selected for redundancy can carry risks of discrimination for women returning to the workforce, migrant workers, lone parents and workers with disabilities. Research undertaken by the Economic and Social Research Institute (ESRI) on behalf of the Equality Authority and published last year found that working in organisations with formal equality policies impacted positively on employees' perceptions of workplace fairness, on workers' well-being and on organisational outcomes 2, and that by 2009 84% of employees were working in such organisations, an increase from 75% in 2003. A policy focus on the newly unemployed and on young job seekers can potentially move attention away from already marginalised groups such as Travellers, lone parents and women seeking to return to the workforce. Legislation is currently under consideration which would require all public bodies to take due note of equality and human rights in carrying out their functions, while a reduction in the resources available to public and private sector bodies makes it important that value for money is achieved in customer service processes. Public information on equality must continue to be tailored to the needs of people in a time of economic crisis. The proposed merger and expanded remit of equality and human rights bodies is such a message, which must be communicated effectively to Irish society. Taking into account the Irish national context, the needs of the country and the lessons of previous EU supported activities, the Ad hoc Committee confirmed the following priority areas for the period 2012-2013. Priority 1: Priority 2: Priority 3: Increasing awareness of equality and non-discrimination rights and of the new equality and human rights infrastructure, particularly among those who may be at increased risk of discrimination because of the economic downturn. Highlighting to employers, trade unions, public bodies and civil society the continuing importance of action to promote equality and to combat discrimination particularly in a context of recession. Identifying good practice that is effective in communicating information, combating discrimination and developing positive action in terms of equality and non-discrimination, in the context of fewer resources being available to public bodies to combat discrimination. 2 "Workplace Equality in the Recession? The Incidence and Impact of Equality Policies and Flexible Working", ESRI (2011). 4
3. Link between national priorities and proposed action(s) (max. 1,5 pages) Choice of organisation mandated to apply under this Call The Equality Authority has been selected by the Irish national authority in charge of equality and non-discrimination and mandated to apply under this call. The Equality Authority is an independent statutory body established on 18 October 1999 to work towards the elimination of discrimination and the promotion of equality of opportunity in the areas to which equality legislation applies. The Equality Authority is the State's designated national equality body, required under the EU equal treatment directives to promote equality and to combat discrimination in the areas covered by the directives. The Equality Authority will certify that it is not in one of the situations listed in Article 93(1), 94 and 96(s)a of the EU Financial Regulation. The Irish Human Rights and Equality Commission, which the Government proposes to establish on merging the Equality Authority and the Human Rights Commission, will retain all powers of the Equality Authority. Legislation to give effect to this merger is in preparation and will be advanced during 2012. An overview of how it is envisaged that the activities proposed for EU support under the present call fit in with the national priorities identified for 2012 is given in Table 3.1 below. A more detailed description is given in Annex 1. Project: Priorities for 2012 Equality Approaches for a Changed Environment Actions: 1 Diversity Management in Local Business Networks 1: Increase awareness of equality and nondiscrimination rights and the new equality and human rights infrastructure 2: Highlight the continuing importance of action to promote equality and to combat discrimination 3: Identify good practice Y Y Y 2 Equality Research Y Y Y 3 Equality Training for Teachers Y Y Y 4 National Equality Rights Campaign 5 Public Sector E-learning Equality Module Y Y - Y Y Y 6 Roma Photographic Exhibition Y Y - 7 International Conference: Strengthening Institutional Arrangements in Europe for Protecting Equality and Human/Fundamental Rights Y Y Y Action 1: Diversity Management in Local Business Networks The Equality Authority will work intensively with 4 selected local Chambers of Commerce to develop their capacity to implement a diversity management strategy. The national representative body, Chambers Ireland, which has 60 member chambers representing over 13,000 businesses throughout the island of Ireland, will work with the Equality Authority to 5
apply this learning and produce a template diversity management strategy for future roll-out to its members. Action 2: Equality Research In partnership with the ESRI, the Equality Authority proposes to undertake two special studies to enhance understanding of the extent and impact of discrimination across multiple grounds, in the context of a severe economic recession. The first study will consider the equality impact of the recession and investigate how rates of employment, unemployment and activation, poverty, deprivation and financial strain vary according to gender, nationality, age, marital and family status. The second study will focus in depth on the gender impact of the recession on employment and activity rates for men and women, part-time working, work pressure, work-life balance, on wages and the respective roles of public sector and private sector employment. Action 3: Equality Training for Teachers Drawing on resources developed to date by the Equality Authority and the City of Dublin Vocational Education Committee, a 2-day training programme for teachers on embedding equality in the school and the curriculum will be developed and piloted nationally in 4 locations. The training programme will be available for roll out to other teachers on an ongoing basis and devised to be transferable to other EU Member States. Action 4: Equality Rights Campaign On its establishment, the Irish Human Rights & Equality Commission will conduct a national public awareness campaign, in the print media, radio and online, to remind the general public of their rights and reinforce awareness of the support and redress mechanisms available. Action 5: E-learning Equality Module for the Public Sector In response to an identified demand from public sector organisations, the Equality Authority will adapt the Living Equality and Diversity (LEaD) e-learning module, developed by the Irish Universities Association Equality Network for the university sector, to a generic module for use by a wide range of public sector organisations. Action 6: Roma photographic exhibition The Equality Authority, in collaboration with a leading photographer, NGOs and the Roma community will develop a photographic exhibition highlighting the positive contribution the Roma community make to Irish life, to be displayed in a programme of venues across Ireland. Action 7: Equality Infrastructure Conference The Equality Authority in cooperation with the Department of Justice and Equality will host an international conference on the theme of Strengthening Institutional Arrangements in Europe for Protecting Equality and Human/Fundamental Rights. In the context of plans to merge the Equality Authority and Human Rights Commission, forming a new Irish Human 6
Rights and Equality Commission, and to introduce a positive duty on public bodies in Ireland to have due regard to equality and human rights in their work, this event will draw on the expertise of EU agencies and on best practice and recent developments in EU member states and explore ways to strengthen protection of fundamental and human rights, eliminate discrimination and promote the rule of law in the Union at both European and national level. It is proposed to document the conference conclusions and make them available to a wider audience online. Date, name and signature of the national authority in charge of equality and nondiscrimination (PROGRESS anti-discrimination contact point): 27 June 2012 DEAGLÁN Ó BRIAIN 7