EQUALITY COMMISSION FOR NORTHERN IRELAND. Referral of a proposed Investigation under Paragraph 11 of Schedule 9 of the Northern Ireland Act 1998

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1 EQUALITY COMMISSION FOR NORTHERN IRELAND Referral of a proposed Investigation under Paragraph 11 of Schedule 9 of the Northern Ireland Act 1998 Newry & Mourne District Council February 2013 Purpose of Report Commissioners are invited to consider a recommendation by the Statutory Duty Investigations Committee (SDIC) that investigation be authorised about a decision made by Newry and Mourne District Council relating to the naming of a play park, pursuant to Paragraph 11 of Schedule 9 of the Northern Ireland Act Background Paragraph 11 of Schedule 9 of the Northern Ireland Act empowers the Equality Commission itself to generate investigation where it believes that a public authority may have failed to comply with its approved Equality Scheme. The provision therefore confers a powerful discretion on the Commission to initiate investigation in areas where the Commission itself believes that such failure may have occurred. Accordingly, the Commission utilises Paragraph 11 investigation strategically to tackle failures which may significantly affect equality of opportunity and good relations. Authorisation of such investigations are initially considered by SDIC, and its recommendations are referred to the Commission for approval. Potential Investigation of Newry & Mourne District Council The proposed investigation concerns a decision by Newry and Mourne District Council (the Council) on 3rd December 2012 to retain the name The Raymond McCreesh Park for a Council owned play park in Newry, following an Equality Impact Assessment initiated in Mr McCreesh is a deceased member of the Irish Republican Army (IRA) (South 1

2 Armagh Brigade), who died whilst taking part in a hunger-strike in the Maze Prison in The play park was originally named Patrick Street Play Park but at a date unspecified an unofficial bilingual sign was erected naming it Raymond McCreesh Park. Following a request from the 1981 Hunger Strike Commemoration Committee, the Council renamed the play park Raymond McCreesh Park in The Council did not conduct a formal EQIA or associated consultation at that time, although it did carry out a survey to obtain views. The Commission wrote to the Council in 2008 in respect of the name of the Park, reminding the Council of its duty to comply with the s75 duties, and directing it to Guidance from the Commission on the good relations duty. This emphasised that promoting good relations can involve tackling difficult issues such as the display of aggressive/ intimidating emblems, and taking steps to ensure safe and shared public spaces that can be accessed and used by all sections of the community. The Council commenced an Equality Impact Assessment in 2009, which was issued for consultation in October In responding to same, the Commission cautioned the Council that: Some consideration should have been given by the Council to the potential damage to good and harmonious relations in the current EQIA if the play park retains its current name. The Council issued an EQIA Consultation Analysis dated December 2011, 29 responses had been received:- twenty five individuals objected to the renaming decision, believing that Raymond McCreesh s involvement in the IRA meant that he was not an inclusive role model for all the Council s residents. The renaming decision was perceived to be divisive; and concern was expressed about the fact that, as the facility is a children s play park, its renaming could politicise sports and leisure facilities and romanticise the past for young people; four individuals recorded their agreement; at least two were Sinn Féin Councillors, and one was a member of the 1981 Hunger Strike Committee. They believed that the name of the park would not adversely affect good relations as it was 2

3 in a Nationalist area, and the name had been in existence since Wallace Consulting, which analysed the consultation responses, reported that: There is no doubt that there are potentially adverse good relations impacts related to the park s name, and put forward two options to be considered by the Council:- 1. reverse the renaming decision, or 2. allow the play park name to remain as the Raymond McCreesh Park. These options were considered by an Elected Members Forum which decided that consideration should only be given to the latter option, i.e, to retain the name Raymond McCreesh Park. The matter was next considered by a Staff and Policy/Equality meeting on 21 November That Committee was provided with a report by the Council s Equality Officer which refered to three potential options: 1. To reverse the renaming decision 2. To uphold the decision to grant the application for renaming 3. To do nothing The Report explained that the Elected Members Forum had decided that consideration be given only to the second option and, on that basis, this was the recommendation set out in the Report. However, the recommendation included the following specific acknowledgement that appears to accept that this would be a policy with potential to damage community relations: Council formally acknowledge the decision to rename the play park had potential to adversely impact upon good relations between people of different religious belief and political opinion. The Council s Equality Officer Report also pointed out that :- current Council policy was that facilities would not be named after an individual except in exceptional circumstances, ie that person be recognised nationally or internationally; the impetus should be to adopt an approach which facilitates diverse expressions of identity in a sensitive manner and which does not negatively impact upon good relations; 3

4 S 75 requires the Council to have due regard to the need to promote equality of opportunity and regard for the desirability of promoting good relations; Council has a civic responsibility to raise awareness of and address good relations issues and assist in developing cohesive and inclusive facilities; and issues around promoting shared and welcoming space need to take account of potential impacts upon branding, territorialisation and cross-community mobility. Despite the above, the Committee voted to retain the name. Its recommendation progressed to a Council meeting on 3 December 2012 which voted in favour of maintaining the name. The proposed investigation would consider whether, in making this decision, the Council has failed to comply with its commitment at Section 1.3 of its approved Equality Scheme to fulfil its s75 obligations as set out in Sections 1.1 and 1.2 of its Scheme to:- have due regard to the need to promote equality of opportunity across the 9 s.75 groups, and have regard to the desirability of promoting good relations between persons of different religious belief, political opinion or racial group. Recommendation In accordance with the Commission s Schedule 9 Investigations Procedures, the Statutory Duty Investigations Committee considered this potential investigation at its meeting on 29 January 2013 and concluded that it should recommend such investigation. In so doing, the Committee satisfied itself that it would be appropriate to form the required belief that failure to comply with the Equality Scheme may have occurred. This is a statutory precedent requirement that must be satisfied before a Paragraph 11 investigation can be authorised. It does not require a substantive determination of whether or not such failure has in fact occurred. 4

5 Action Required The Commission is asked to approve the Committee s recommendation and to authorise investigation. Paul O Neill Senior Investigations Officer February