DCAL Consultation on Irish Language criticised by Equality Commission
12 May 2008
"Several months ago I lodged a complaint with the Equality Commission concerning how DCAL conducted itself over the consultation on the Irish Language Act. My particular concern was that within 4 days of the close of what was supposed to be a genuine consultation DCAL had published draft clauses for legislation, strongly suggesting the consultation was a farce.
The Equality Commission has now reported on my complaint. Their investigation has revealed that the idea to publish draft clauses came from the wholly partisan Irish Language lobby group, POBAL, and that DCAL readily fell in with their demand. This compliance with POBAL's demand has been rightly criticised by the Equality Commission, which concluded that "decisions relating to a policy that is being consulted upon should not be made until the consultation is concluded and that the views of all consultees have been considered".
I welcome the Equality commission's finding that DCAL "acted with undue haste in deciding to accede to the request of one organisation to issue draft indicative clauses whilst consultation on the general policy was ongoing." Also the finding that "This could have contributed to a perception that the consultation process was not a genuine attempt to engage with all the opinions on what was a politically contentious issue."
I regret that having made these findings against DCAL the Equality Commission bottled out of the logical conclusion that DCAL breached its own equality scheme, which required it to "take account" of any consultation before making a policy decision - something it could not have done if it had already committed to draft clauses before the consultation concluded.
In light of these findings against DCAL I am inviting the Minister to instigate a review as to how POBAL came to have such powerful influence within DCAL as to be able to get it to commit to legislative clauses before the consultation was even complete. It seems to me that POBAL's influence within the Department needs to be both investigated and eliminated.
I attach the Equality Commission's full report."
ENDS
