Public sector duty to be explored at legal conference for the first time

Eilis Barry

The one-day conference, hosted by FLAC, is the first of its kind and aims to enhance awareness and understanding of the public sector duty introduced through the Irish Human Rights and Equality Commission Act 2014.

The Act established a mandatory obligation on a broad range of public bodies to have regard to non-discrimination, equality of opportunity and human rights in the delivery of their functions, and now mainstreams human rights and equality considerations across the work and employment practices of the public sector.

Eilis Barry, chief executive of FLAC, said: “General awareness of the public sector duty among public bodies, and the public in general appears to be low. This is despite the fact that the duty was introduced in 2014. In a number of submissions FLAC has been highlighting the need to integrate the public sector duty into strategic planning amongst public sector bodies, including core departments and bodies such as the Department of Employment Affairs and Social Protection and the Department of Justice and Equality.

“We are delighted to be hosting a conference that will offer expert insight into the duty and an opportunity for discussion to enhance the awareness and understanding of it. Hopefully, along with the other work being done by the Irish Human Rights and Equality Commission, the conference will spur on public sector bodies to engage with the duty, and encourage NGOs and Trade Unions to lobby for its full implementation.”

Ms Barry added: “FLAC is very grateful to IHREC for its financial support for the conference, under the Irish Human Rights and Equality Commission Grant Scheme 2017, and the participation of its staff on the day.”

Professor Donncha O’Connell of NUIG School of Law, a member of the Commission on the Future of Policing in Ireland, will speak about the public sector duty in relation to police reform.

He said: “In the implementation of the Report of the Commission on the Future of Policing in Ireland, it is vital that An Garda Síochána take the Public Sector Duty seriously and work diligently with bodies like IHREC to ensure full compliance with that statutory duty.

“Leading by example is an essential requirement of any policing service given the unique role it performs in the promotion and protection of equality and human rights.

“Groups with particular vulnerabilities - like racial and ethnic minorities including members of the Traveller Community, young people, people with disabilities, women, LGBT people, older people and others - are entitled to a policing service that is sensitive to their needs and adjusted to fully vindicate their human rights. ‘Community policing’ - which has been identified by the Commission as an ideal model - means nothing if adherence to the Public Sector Duty is not a core animating principle of policing.”