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Submission to the National Forum on Europe

Submission to the National Forum on Europe on The European Union

Introduction:

Ireland has experienced many years of economic growth, being the second richest state within the European Union after Luxembourg. A number of legislative changes have being implemented, some with a positive impact on Travellers' lives, others clearly negative. An array of institutional arrangements has been put in place over the last decade, both Traveller specific and mainstream, which have the potential to significantly improve the situation of Travellers in Ireland. Yet these arrangements are too frequently marred by a lack of political will and the necessary ‘teeth' to deliver the required outcomes.

Consequently the benefits to Travellers affected by poverty and social exclusion have been relatively small. In reality improvements have been slow and in some areas the situation for Travellers has actually deteriorated.

Outline of Submission

Our submission will follow four key objectives and detail clear actions necessary to bring about the improvements needed for Travellers to ensure equality of outcomes.

Objectives in the fight against poverty and social exclusion

1. To facilitate participation in employment and access by all to resources, rights, goods and services

1.1 Employment

Travellers' economic activity has traditionally been primarily in the area of self-employment, involving such activities as scrap-metal recycling, horse-trading, laying tarmac, market trading, etc. Both the Casual Trading Act, 1995 and the Control of Horses Act, 1996 had a severely negative impact on Travellers' economic activities, indicating that neither piece of legislation were adequately poverty proofed at any stage. Restrictive accommodation provision, where local authorities refuse to provide work space beside accommodation space (as is culturally appropriate) and the ongoing attacks on nomadism, along with a decreasing demand for second-hand goods such as scrap-metal, exacerbate this problem. As a result, only a minority of Travellers have remained economically active within the Traveller economy.

Within the mainstream labour market, Travellers continue to find it very difficult to access employment. Travellers are discriminated against both directly (i.e. refusal to hire or provide services) and indirectly (i.e. poor education, health and accommodation status of Travellers). Opportunities within the labour market have not replaced decreasing opportunities for self-employment within the Traveller economy, leaving many Travellers long-term unemployed and living on social welfare.

Actions :

Reform of the tax and benefit systems to reduce poverty traps, particularly in relation to Travellers, and changes in the criteria for the medical card.
Provision of workspace on or near Traveller accommodation
In conjunction with Traveller organisations explore and develop innovative active labour market programmes with designated Traveller places and adequate education and training budgets
Travellers should be targeted for specific opportunities in the public sector
Further develop competency, rather than academic qualification based recruitment strategies in relation to Travellers and other marginalised groups, including the waving of entry requirements for a variety of jobs, as well as apprenticeships
Review of accessibility and relevance of enterprise supports for Travellers and other minority ethnic groups to be carried out and recommendations implemented
Establish an adequate labour market data collection mechanism for Travellers, in sensitive manner and within an equality framework.
The establishment of a Task Force Committee within the Department of Enterprise, Trade and Employment to advance the recommendation of the Task Force report, re: employment and income generation.
Any new initiatives should provide suitable choices to unemployed people, and should not force people into inappropriate and poor quality employment/training through the threat of withdrawal of benefits
Introduce a ‘bridging visa' for migrant workers, who have been exploited
Grant asylum seekers the right to work after six months, as supported by ICTU, IBEC and the INOU

1.2 Resources

While the ITM welcomes the reduction in numbers of those identified as ‘consistently poor', we are concerned about the increasing gap between the poorest and the richest in society; the level of ‘relative poverty', and those ‘at risk of poverty'.

Actions :

Continue to move progressively towards the agreed NAPS target, to ensure the basic minimum payment of € 185.80 will be met by 2007.
Ensure the target is reached that the lowest social welfare payment to be no less than 30% of the gross average industrial earnings will be met
Remove those on the minimum wage from the tax net on a permanent basis, and index link the minimum wage rate to increases in average industrial earnings

1.3 Rights

An accessible equality infrastructure is central to the fight against poverty, social exclusion and inequality in Ireland.

There have also been a number of developments undermining this infrastructure and public confidence in it.

Firstly, the removal of discrimination cases relating to the licensing trade from the authority of the Equality Tribunal. Instead of improving access to equality legislation by marginalised groups, this legislative change has achieved the opposite.

Secondly, the resourcing of both the Equality Tribunal & the Equality Authority has been completely inadequate, leading to waiting times of three years or more for cases to come to a hearing and seriously undermining Travellers` confidence in the legislation

Thirdly, there is the issue of the marginal position of the equality institutions within real government policy. Their opinions are frequently dismissed, and appear to be established merely to meet EU requirements, UN commitments or agreements under the Good Friday Agreement (i.e. the Human Rights Commission).

In view of the negative impact on Travellers, a number of legislative frameworks need to be equality proofed and amended to ensure that their negative impact is removed

Actions:

The repeal of Section 19 of the Intoxicating Liquor Act to bring Ireland into compliance with the European Union Race Directive.
Guaranteed continued and autonomous existence of the Equality Institutions (Equality Authority, National Disability Authority, Cómhairle, NCCRI, Human Rights Commission), with valid representation of community and voluntary equality interests on each of the institutions, and adequate resourcing
Increase the funding to the equality institutions to ensure they can effectively and adequately carry out their functions
Expand the groups covered by equality legislation in line with the Equality Authority's recommendations to cover social class, trade union membership and ex-prisoners.
Complete the review of the prohibition of Incitement to Hatred Act, including the issue of ‘intent', and cover incitement to racial discrimination as recommended by CERD.
Equality-proof the following legislation :

- The recent amendment to the Public Order Act 1994 put through in the Housing (Miscellaneous Provisions) Act, 2001. Section 24 of this Act criminalizes trespass on public and private land and should be repealed.

- The Casual Trading Act, 1995

- The Control of Horses Act, 1996

- Section 10 of the Housing (Miscellaneous Provisions) Act, 1992 has been amended by section 32 of the Housing (Traveller Accommodation) Act, 1998 which extend the powers of local authorities to move Travellers

- Aspects of the planning legislation, which are proven impediments to the implementation of Traveller Accommodation.

- Section 38 of the Local Government Sanitary Services Act, 1949

- Section 19 of the Intoxicating Liquor Act, 2003.

1.4 Goods

(See above in relation to Equality Tribunal, Equality Authority and Equal Status Act.)

1.5 Services

Accommodation

Lack of a centrally driven approach has proven to be the central weakness in the National Traveller Accommodation Strategy. The implementation of local Traveller Accommodation Programmes is inadequate, but nothing has been put in place to ensure local authorities fulfil their obligations. This is compounded by the fact that the Housing (Traveller Accommodation) Act, 1998 only requires the local authority to take "reasonable steps" to implement their programme. The duty to implement should be put in explicit terms, given that the local authority itself has drawn up the programme, and in the ordinary course of events there would appear to be no particular reason as to why it should not be in a position to implement it according to its terms.

The European Commission against Racism and Intolerance Second Report on Ireland noted that ‘the fact that no sanctions are provided for in the Housing (Traveller Accommodation) Act, against authorities who do not take measures to provide accommodation for Travellers may weaken its effectiveness.'

Actions:

Establishment of a statutory Traveller Accommodation Agency to monitor the adequacy and delivery of the local Traveller accommodation programmes, with the necessary powers of implementation
In the immediate term, increased powers to be given to the National Traveller Accommodation Consultative Committee to improve the rate of accommodation provision, as recommended by the Report by the National Traveller Accommodation Consultative Committee on the Review of the Operation of the Housing (Traveller Accommodation) Act, 1998) (7.6.2.). This to be accompanied by a system of sanctions and benefits
Full implementation of all the recommendations of the Report of the NTACC
Services (water, toilets, electricity and refuse collection) to be provided immediately to all Traveller families living without such services.
Immediate repeal of Section 24 of the Housing (Miscellaneous Provision) Act, 2002, which amends the Public Order Act, and criminalizes trespass on public and private land.
A moratorium should be placed on section 10 of the Housing Act 1988 as amended by section 32 of the Housing (Traveller Accommodation) Act 1998 and section 21 of the Housing (Miscellaneous Provisions) Act 2002 and other methods used for evicting Travellers, until all appropriate accommodation has been provided.
The right to housing and good quality culturally appropriate accommodation should be recognised as a legally binding fundamental right open to all people. The establishment of such a right would ensure that government policy and resources are adequately focused on this essential requirement
All local authorities, and the Government on a national basis, commit to specific reductions in their waiting lists by March 2005 as promised in the reviewed NAPS and to publish the extent to which these are achieved
An urgent review of aspects of the planning legislation, which are proven impediments to the implementation of Traveller Accommodation should be, carried out with a view to address these problems.
Monitoring measures should be put in place to ensure that the commitment to an appropriate mix of social and affordable housing in Part V of the Planning and Development Act is reached
Investment in Traveller tenant participation strategies for new and existing Traveller specific accommodation, including the resourcing of staff within local Traveller projects for this purpose
Review the Caravan Loans Scheme, and consider the extension of rent allowances to include caravans
Quality Housing Needs Assessment for homeless people and those at risk of homelessness

2. To prevent the risk of exclusion

Actions:

Immediate repeal of Section 24 of the Housing (Miscellaneous Provision) Act, 2002, which amends the Public Order Act, and a moratorium on roadside Traveller evictions using other legal instruments to prevent the forced homelessness of Traveller families
Resourcing of Traveller and other community based projects to improve their IT capabilities and equipment
Increased resourcing of organisations working in the area of violence against women and further development of a Traveller focus to this work
Continued resourcing of National Drugs Strategy and further development of a Traveller focus to this work
Increase paid maternity leave to 26 weeks, 10 days paid paternity leave and 26 weeks paid parental leave
State Agencies need to develop Traveller appropriate outreach strategies to avoid exclusion

3. To help the most vulnerable

While our submission relates to Traveller issues overall, and seeks to have a direct, positive impact on the lives of all Travellers, some groups of Travellers experience particular levels of marginalisation, discrimination and prejudice.

Actions:

Gender impact statements in relation to equality, anti-racist and other policies of relevance to Traveller women are required at local, national and international level in order to ensure that efforts to address racism take account of the particular reality of Traveller women's lives.
Specific data on Traveller women's access to health, education and other services are required in order to ensure that policies are developed in line with the experiences and needs of Traveller women
An Garda Síochána should develop and adopt, in association with Traveller women's groups, a code of practice in relation to their contact and dealings with Traveller women
Availability of culturally appropriate childcare needs to be put in place
Rights based legislation, as committed in the 1996 Report of the Commission on the Status of People with Disabilities, to be enacted

4. To mobilise all relevant bodies

4.1 Recognition of the Independent Community Sector Voice

The role of NGOs, especially community organisations representing some of the most marginalised and socially excluded groups (such as the ITM) is - in most instances - recognised and affirmed.

Actions:

The Forums agenda needs to make a strong commitment to involving the representatives of anti-poverty and equality constituencies in partnership and dialogue, without making this conditional on supporting a particular policy programme. The Community Platform should have the right of representation on all relevant structures dealing with anti-poverty work of a cross-cutting nature
Meet the commitments made under the White Paper ‘Supporting Voluntary Activity' in particular the allocation of the ring fenced training and capacity building funds for anti-poverty groups
Re-instate funding to the Community Workers` Co-Op under the National Anti-Poverty Networks Programme
Replace the Citizen Traveller Campaign with a new campaign aimed at improving the relationship between Travellers and the settled population in the context of promoting Travellers` human rights. Any new project to build on existing initiatives of good practice, work from a community development ethos, acknowledge the vast disparity in the power relationship between Travellers and the settled community, and develop a framework addressing this power imbalance
Disband the High Level Steering Group and their counterparts at local level, which have deliberately excluded Traveller organisations, as they are in direct conflict to the stated priority of the National Action Plan Against Racism which states: "The priority will be to enhance the participation of cultural and ethnic minorities in consultative and decision making processes …" (9.3.)
Previous commitments from the Programme for Prosperity and Fairness; to "a new Electoral Participation Initiative including a voter education programme...to focus particularly on communities experiencing disadvantage and on young people. " to be met

4.2 Maintaining and Enhancing Anti-Poverty Budgets

The European Commission's Joint Report on Social Inclusion (May 2004), stated in relation to the newly established Office of Social Inclusion "one would have to question if the resources allocated to this office are sufficient for the ambitious work programme outlined." We believe that this observation is also applicable to the wider anti-poverty community sector and local and national Traveller organisations in particular.

Actions :

Resource Traveller organisations at the local level to employ staff to engage Travellers with the Local Traveller Accommodation Programmes, as well as the health and education strategies
Increase the number of Traveller CDPs nationwide in line with the NPAR commitment "… to provide funding and support for a number of new projects [within the Community Development Support Programme] focussing on supporting people from cultural and ethnic minorities to articulate their needs …" (9.5.1.)
Resource newly emerging Traveller groups in areas without Traveller organisations.
Recognise that CE schemes provide key services and support necessary infrastructure the anti-poverty community sector. Progression of participants should not negatively impact on this important service
Maintain and expand resourcing of Traveller organisations through the Community Development Programme, the Local Development Programme and the National Anti Poverty Networks Programme.
A national funding scheme for the Community Advocacy Programme should be introduced. This would provide resources to the groups covered under the Equal Status Legislation to promote equality and the use of legislation in their sector.
Resource the work of the ITM-Legal Unit, in its advocacy and community development work with Traveller organisations on engagement with the law
Continued and enhanced role for the Combat Poverty Agency, especially re linking anti-poverty action to policy making processes and supporting community development approaches to addressing poverty in policy areas

4.3 Proofing

Further implement the NESC recommendations to enhance measures to make poverty-proofing work in practice, and ensure it covers all areas of government policy, including the budget, the national Development Plan and tax incentives schemes
Proofing of legislation listed under 1.3

4.4 Traveller Ethnicity

Most recent government documents put a heavy emphasis on "evidence based policy making" (e.g. NAPS/incl 2003-2005, 3.1.3.). In stark contrast to this, the government has recently begun to deny that Travellers form a distinct ethnic group within Irish society, flying in the face of most serious anthropological research and evidence. The UK courts have considered this issue in detail and found Irish Travellers to be a distinct ethnic group. The Irish Human Rights Commission has also considered this issue. The Convention on the Elimination of Racial Discrimination (CERD) in its most recent regular report (March 2005) concluded, that "the Committee expresses concern at the state party's position with regard to the recognition of Travellers as an ethnic group."

This is not merely a theoretical consideration, but has potentially serious implications for the delivery of services, programmes and policies to Travellers (e.g. NPAR, etc), as well as interfering with Travellers right to self-determination.

Actions :

Return of government policy to the recognition of Travellers as a distinct ethnic group within Irish society, and meet its international obligations under CERD

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