Conducting Enquiries
One of the functions of the Irish Human Rights Commission (IHRC) is to conduct enquiries.
We can conduct an enquiry on our own initiative or at the request of any person who considers conducting an enquiry could be the best way for the IHRC to perform its functions such as reviewing law and practice in the State relating to the protection of human rights.
Enquiries conducted
The IHRC has conducted three enquiries to date:
- 2005-2007 Enquiry "The Self-Employed and the Old Age Contributory Pension"
- 2005-2008 Enquiry "Report on an Enquiry into the Treatment of a Visitor Refused Leave to Land in the State"
- 2008-2010 Enquiry "Report on the Human Rights Issues Arising from the Operation of a Residential and Day Care Centre for Persons with a Severe to Profound Intellectual Disability".
Power to conduct enquiries
The power of the IHRC to conduct enquiries derives from sections 8(f) and 9 of the Human Rights Commission Act 2000. Under its legislation, the IHRC can compel the production of information, documentation or things in the course of its enquiries and it can require persons to attend before the IHRC for that purpose. An enquiry may be conducted in public or in private as the IHRC, in its discretion, considers appropriate and the IHRC can determine the procedure for conducting an enquiry.
Can an enquiry give me individual redress?
No. IHRC enquiries cannot give individual redress. Enquiries must be linked to the performance of a number of general IHRC functions, such as:
- Reviewing the adequacy and effectiveness of law and practice or
- Consulting with national or international bodies or agencies or
- Making recommendations to the Government on the measures which should be taken to strengthen, protect and uphold human rights in the State or
- Promoting understanding and awareness of the importance of human rights.
If the purpose of an enquiry is not clearly linked to at least one of these functions, the IHRC cannot conduct an enquiry as to do so would be to act beyond its powers.
The IHRC is not an adjudicatory body. We do not determine whether human rights violations have occurred in individual cases. We are not a source of remedy or redress. The IHRC is not a court. An enquiry cannot be a stand alone investigation but must be linked to one or more of the general functions of the IHRC referred to above.
What can an enquiry by the IHRC do?
The IHRC may conclude that an enquiry has revealed a deficiency in the law/ practice in the State relating to the protection of human rights. This conclusion may in turn form the basis of recommendations on the specific measures required to address the situation.
The IHRC, through its enquiries, can identify gaps in the protection of human rights in this State and offer solutions on how these gaps can be filled. It is about raising the level of protection for all persons in the State. It is about honouring the State's human rights obligations under our Constitution and the international treaties to which the State is a party.
In all three of its enquiries to date, the IHRC has enjoyed a high degree of cooperation from all the stakeholders. Following the publication of its enquiry reports, the IHRC routinely follows up with the stakeholders to determine the extent to which its recommendations have been implemented. If recommendations are not implemented to the satisfaction of the IHRC, it can decide to re-engage on the issue.
Can you give an example of how an enquiry has worked in practice?
Our third enquiry into the issue of intellectual disability in a care setting was conducted through research, correspondence, examination of documentation, reports and responses, interviews, visits and meetings with the relevant stakeholders. In that enquiry, the IHRC aimed to set out the situation of the centre under scrutiny against the national frameworks for the provision of disability services, before considering the international human rights standards applicable to the enquiry. The enquiry report then provided an analysis of the issues raised in the enquiry against those standards. It then drew conclusions and made recommendations and suggestions for follow-up action.
Who are the parties to an enquiry?
The stakeholders to an enquiry usually include the person or group which requested the enquiry (where a decision was taken to conduct an enquiry on the basis of such a request) and the other agencies with an interest in the matter. These agencies are usually, but not always organs of the State.
Enquiry 1 (Self-employed and the old age pension)
Stakeholders:
- The couple who requested the enquiry
The Department of Social and Family Affairs
Enquiry 2 (Treatment of a Visitor Refused Leave to Land in the State)
Stakeholders:
- The individual who requested the enquiry
- The Department of Foreign Affairs
- The Department of Justice, Equality and Law Reform
- An Garda Síochána
- The Irish Prison Service
- Mountjoy Prison
Enquiry 3 (Operation of a Residential and Day Care Centre for Persons with a Severe to Profound Intellectual Disability)
Stakeholders:
- The Parent Group who requested the enquiry
- The Brothers of Charity
- The Health Service Executive
- The Department of Health and Children
- The Department of Education and Science
- The Health Information and Quality Authority
Where can I find further information on requesting an enquiry?
The IHRC has produced an Information Note which sets out information on how to conduct an enquiry. It has also adopted Guidelines which assist it in any decisions on whether to conduct an enquiry or not.
Do other National Human Rights Commissions (NHRIs) conduct enquiries?
Yes. This is a power many other NHRIs have. Human rights enquiries are unique in that a statutory body, completely independent of Government, can use forensic powers to identify whether law, policy or practice in a given area fully respects the State's national or international human rights obligations.
These powers are among those set out in the 1993 UN Paris Principles, with which the IHRC fully complies.