Human Rights Commission Act 2000

1 Interpretation.

1.—(1) In this Act—

“the Agreement Reached in the Multi-Party Talks” means the agreement set out in Annex I to the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on the 10th day of April, 1998;

“award redress or grant relief”, in relation to the powers of a tribunal or other person, includes making a finding that a person has done, or omitted to do, an act specified in the enactment vesting the said powers in the tribunal or other person or, as the case may be, specified in the resolution of either House of the Oireachtas with respect to the establishment of the tribunal or the appointment of the other person;

“the Commission” has the meaning assigned to it by section 4;

“establishment day” means the day appointed by the Minister under section 3;

“functions” includes powers and duties and references to the performance of functions includes, as respects powers and duties, references to the exercise of the powers and the carrying out of the duties;

“human rights” has (other than in section 11) the meaning assigned to it by section 2;

“judicial office in the Superior Courts” means the office of judge of the High Court or the office of judge of the Supreme Court;

“the Minister” means the Minister for Justice, Equality and Law Reform.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection or paragraph is a reference to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, extended or adapted by or under any subsequent enactment.

2 “Human rights”.

2.—In this Act (other than section 11) “human rights” means—

(a) the rights, liberties and freedoms conferred on, or guaranteed to, persons by the Constitution, and

(b) the rights, liberties or freedoms conferred on, or guaranteed to, persons by any agreement, treaty or convention to which the State is a party.

3 Establishment day.

3.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

4 Human Rights Commission.

4.—(1) There shall stand established, on the establishment day, a body which shall be known as An Coimisiún um Chearta an Duine or, in the English language, the Human Rights Commission (in this Act referred to as “the Commission”) to perform the functions conferred on it by this Act.

(2) The Commission shall, subject to the provisions of this Act, be independent in the performance of its functions.

(3) The Commission shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land or an interest in land, and to acquire, hold and dispose of any other property.

(4) The Commission shall have all such powers as are necessary for or incidental to the performance of its functions under this Act.

5 Membership of Commission.

5.—(1) The Commission shall consist of a President and eight other members.

(2) Of the members of the Commission, not less than 4 of them shall be men and not less than 4 of them shall be women.

(3) The members of the Commission shall be appointed by the Government.

(4) A person shall not be appointed to be a member of the Commission unless it appears to the Government that the person is suitably qualified for such appointment by reason of his or her possessing such relevant experience, qualifications, training or expertise as, in the opinion of the Government, is or are appropriate, having regard, in particular, to the functions conferred on the Commission by this Act.

(5) A person who holds a judicial office in the Superior Courts may, without relinquishing that office, be appointed, with his or her consent, to be the President of the Commission, but, unless otherwise provided by the terms of his or her appointment, he or she shall not be required to perform his or her duties under statute as the holder of that judicial office while he or she remains the President of the Commission.

(6) Where a person who holds judicial office in the Superior Courts is appointed to be the President of the Commission, the following provisions shall have effect:

(a) in case on being so appointed he or she is an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one and, if the said person so appointed is a former Chief Justice, the proviso to paragraph (a) (inserted by the Courts (No. 2) Act, 1997) of section 14(1) of the Law Reform Commission Act, 1975, shall apply to him or her in respect of his or her appointment as President of the Commission to the like extent as it applies to a former Chief Justice who is appointed to be a member of the Law Reform Commission,

(b) in case on being so appointed he or she is the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on so being appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one and, if the said person so appointed is a former President of the High Court, the proviso to paragraph (b) (inserted by the Courts (No. 2) Act, 1997) of section 14(1) of the Law Reform Commission Act, 1975, shall apply to him or her in respect of his or her appointment as President of the Commission to the like extent as it applies to a former President of the High Court who is appointed to be a member of the Law Reform Commission,

(c) in case he or she is the President of the High Court, he or she may, for so long as he or she continues to be President of the Commission, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all the jurisdiction exercisable by the President of the High Court under section 10(5) of the Courts (Supplemental Provisions) Act, 1961.

(7) The term of office of a member of the Commission shall be such period, not exceeding five years, as the Government may determine when appointing him or her.

(8) Each member of the Commission shall hold his or her office on such terms and conditions as are determined by the Government at the time of his or her appointment, and shall be eligible for reappointment for a further term not exceeding five years.

(9) The Commission may act notwithstanding any vacancy or vacancies among its members (including one or more vacancies that result in subsection (2) not being complied with).

(10) The Government shall nominate the persons who, on the establishment day, are to comprise the members of the Commission.

(11) On the establishment day, the persons nominated under subsection (10) shall stand appointed under this Act to be members of the Commission.

(12) The Government, in making any appointments under this section, shall have regard to the need to ensure that the members of the Commission broadly reflect the nature of Irish society.

6 Operation of section 5(6) to be taken account of for purposes of certain enactments.

6.—Where the number of ordinary judges of the High Court or the Supreme Court falls to be determined for the purpose of any enactment which makes provision with respect to the number of such judges of the High Court or, as the case may be, the Supreme Court, the operation, for the time being, of section 5(6) shall be taken account of in making that determination.

7 Power of dismissal in certain cases.

7.—(1) A person who is a member of the Commission shall be disqualified from holding and shall cease to hold office if that person is adjudged bankrupt or makes a composition or arrangement with creditors or, on conviction on indictment by a court of competent jurisdiction, is sentenced to imprisonment.

(2) The Government may dismiss a person from his or her office as the President or another member of the Commission if they are satisfied that—

(a) he or she has without reasonable excuse failed to discharge his or her function for a continuous period of three months beginning not earlier than six months before the day of dismissal, or

(b) he or she has been convicted of a criminal offence, or

(c) he or she is unable or unfit to carry out his or her function, or

(d) for any other stated reason he or she should be dismissed.

8 Functions of Commission.

8.—The functions of the Commission shall be—

(a) to keep under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights,

(b) if requested by a Minister of the Government, to examine any legislative proposal and report its views on any implications of such proposal for human rights,

(c) to consult with such national or international bodies or agencies having a knowledge or expertise in the field of human rights as it sees fit,

(d) either of its own volition or on being requested to do so by the Government, to make such recommendations to the Government as it deems appropriate in relation to the measures which the Commission considers should be taken to strengthen, protect and uphold human rights in the State,

(e) to promote understanding and awareness of the importance of human rights in the State and, for those purposes, to undertake, sponsor or commission, or provide financial or other assistance for, research and educational activities,

(f) to conduct enquiries under and in accordance with section 9,

(g) to prepare and publish, in such manner as it thinks fit, reports on any research undertaken, sponsored, commissioned or assisted by it under paragraph (e) or in relation to enquiries referred to in paragraph (f),

(h) to apply to the High Court or the Supreme Court for liberty to appear before the High Court or the Supreme Court, as the case may be, as amicus curiae in proceedings before that court that involve or are concerned with the human rights of any person and to appear as such an amicus curiae on foot of such liberty being granted (which liberty each of the said courts is hereby empowered to grant in its absolute discretion),

(i) to take whatever action is necessary to establish and participate in the joint committee of representatives referred to in paragraph 10 of the section entitled “Rights, Safe-guards and Equality of Opportunity” of the Agreement Reached in the Multi-Party Talks,

(j) to provide assistance of the kind referred to in section 10 to persons under and in accordance with that section,

(k) to institute proceedings under and in accordance with section 11.

9 Enquiries by Commission.

9.—(1) The Commission may—

(a) of its own volition, if it considers it necessary or expedient to do so for the purpose of the performance of any of its functions under paragraph (a), (c), (d) or (e) of section 8, or

(b) subject to subsections (2) to (5), at the request of any person who considers the conducting of such an enquiry to be necessary or expedient for the performance of any of those functions,

conduct an enquiry under this section into any relevant matter (and such an enquiry is referred to in this section as “an enquiry”).

(2) The Commission may refuse to conduct an enquiry at the request of any-person if it is of opinion that the matter to which the request relates could more appropriately be dealt with by the institution of legal proceedings or the making of an application to a tribunal or other person in whom are vested powers to award redress or grant relief in respect of the matter.

(3) The Commission shall refuse to conduct an enquiry at the request of any person, or shall discontinue any such enquiry which it has commenced, if it is of opinion, or, as the case may be, it becomes, during the course of the enquiry, of the opinion, that—

(a) the matter to which the request relates (“the matter concerned”) is trivial or vexatious or any alleged violation of human rights concerned is manifestly unfounded, or

(b) the person making the request has an insufficient interest in the matter concerned.

(4) If the Commission considers that the matter in relation to which it is requested under subsection (1)(b) to conduct an enquiry relates to or is concerned with an application to a tribunal or other person referred to in subsection (2) or legal proceedings that, in its opinion, is or are likely to be made or instituted or that has or have been made or instituted, the Commission shall postpone the making of a decision as to whether or not to accede to the said request until that application or those proceedings has or have been finally determined.

(5) If the Commission considers that each issue relating to human rights which arises in connection with a matter in relation to which it is requested under subsection (1)(b) to conduct an enquiry has been addressed and properly determined in an application that has been made to a tribunal or other person referred to in subsection (2) or legal proceedings that have been instituted, being an application or proceedings that has or have been finally determined, the Commission shall refuse to conduct an enquiry into the matter.

(6) For the purposes of an enquiry, the Commission—

(a) may require a person who, in the opinion of the Commission, is in possession of information or has a document or thing in his or her power or control that is relevant to the enquiry, to furnish that information, document or thing to the Commission, and

(b) where appropriate, may require such person to attend before the Commission for that purpose,

and that person shall comply with the requirement accordingly.

(7) A requirement under subsection (6) shall specify a period in which the requirement is to be complied with and, as appropriate—

(a) the place at which the person, the subject of the requirement, shall attend to give the information concerned or to which he or she shall deliver the document or thing concerned, or

(b) the place to which the said person shall send the information, document or thing concerned.

(8) A person required to attend before the Commission under subsection (6)—

(a) shall answer fully and truthfully any question put to him or her by the Commission (other than a question the answer to which might incriminate the person), and

(b) if so requested by the Commission, shall sign a declaration of the truth of his or her answers to any such question.

(9) If it appears to the Commission that a person has failed to comply with a requirement under subsection (6), the Commission may apply to the Circuit Court for an order under subsection (10).

(10) Subject to subsection (11) if, on an application under subsection (9), the Circuit Court is satisfied as to the failure of the person concerned to comply with the requirement in question, the Circuit Court may make an order requiring that person to comply with the requirement.

(11) If, on an application under subsection (9), the Circuit Court is of the opinion that the requirement in question purports to require the person concerned—

(a) to produce any document or thing, or

(b) to furnish information,

for which that person is entitled to claim legal professional privilege, the Circuit Court shall set aside the requirement.

(12) An enquiry may be conducted in public or in private as the Commission, in its discretion, considers appropriate.

(13) Subject to the provisions of this Act, the procedure for conducting an enquiry shall be such as the Commission considers appropriate in all the circumstances of the case.

(14) Information obtained by the Commission in the course of conducting an enquiry or by virtue of the performance by it of any of its other functions under this Act, being information which has not otherwise come to the notice of members of the public, shall not be disclosed by any person, save in accordance with law or under and in accordance with an authorisation under subsection (15).

(15) The Commission may authorise the disclosure of information referred to in subsection (14) and such an authorisation may be without any conditions or subject to such conditions as the Commission considers appropriate and specifies in the authorisation.

(16) If a person furnishes any information, document or thing to the Commission, pursuant to a requirement made under subsection (6), the furnishing of that information, document or thing shall not give rise to any civil liability in contract, tort or otherwise and nor shall the information, document or thing be admissible as evidence against that person in any civil or criminal proceedings.

(17) A person who fails to comply with a requirement made under subsection (6) or with subsection (14) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or imprisonment for a term not exceeding 12 months or both.

(18) An application under subsection (9) to the Circuit Court shall be made to the judge of the Circuit Court for the Circuit in which the respondent resides or ordinarily carries on any profession, business or occupation.

10 Legal and other assistance.

10.—(1) This section applies to—

(a) legal proceedings involving law or practice relating to the protection of human rights which a person has instituted or wishes to institute, and

(b) legal proceedings in the course of which a person relies or wishes to rely on such law or practice.

(2) A person (in this section referred to as “the applicant”) may apply under subsection (3) to the Commission for assistance of the kind referred to in subsection (5) in relation to legal proceedings to which this section applies.

(3) If an application is made under subsection (2) to the Commission, then, unless in the opinion of the Commission—

(a) the assistance sought could be obtained by the applicant—

(i) under the Civil Legal Aid Act, 1995,

(ii) under the Criminal Justice (Legal Aid) Act, 1962, or

(iii) by any other means, whether or not provided for by or under any enactment,

or