Political ex-prisoners should not be discriminated against says northern government
Link to Guidance
Recruiting People with Conflict-related Convictions: Employers' Guidance
Coiste na n-Iarchimí and Tar Isteach welcomed the issuance on 4th May 2007 of the Guidance for employers in relation to conflict-related convictions. Coiste having been involved in the formulation of the guidance along with all other ex-prisoner groups, were encouraged that an important move towards equal citizenship for all political ex-prisoners had been achieved.
The working group that formulated the Guidance (entitled Recruiting People with Conflict-related Convictions: Employers' Guidance) was made up of representatives from ICTU, CBI, CFNI and all political ex-prisoner organisations. Under the chair of Nigel Hamilton, the head of the civil service, the working group adopted the following key principle with regard to employment:
- That, if the conviction pre-dates the Good Friday Agreement and is not "materially relevant" to the post being applied for, it should be disregarded in relation to recruitment.
The Guidance makes a number of points to clarify the intent of this key principle:
- the onus of proof is on the employer to show material relevance;
- the conviction must be manifestly incompatible with the position in question;
- the seriousness of the offence is not in and of itself enough to make a conviction materially relevant; and
- it will only be in very exceptional circumstances that a conviction will be relevant.
Employers should speak to the ex-prisoner concerned before making a decision that their conviction is "materially relevant" and the ex-prisoner should have opportunity to make their views known as well as having a representative along with them.
While the Guidance relates to employment, there is a commitment to bring out further guidance for goods, facilities and services. This will include insurance, mortgages, adoption, taxi licences etc.
Mike Ritchie, Director of Coiste said: "While we were disappointed that the British government did not go for a legislative approach and make the initiative mandatory rather than voluntary, this still remains a meaningful initiative to change the current atmosphere in relation to employment of former political prisoners. Importantly, the guidance is now policy for all public service posts and should therefore apply to education, health and civil service positions.
"Also to be established will be a Review Panel made up of representatives of government, the employers and the trade unions. Ex-prisoners who are dissatisfied with a recruitment exercise and a decision concerning "material relevance" by an employer can take their case to the Review Panel for ongoing monitoring of the guidance. Though the Panel cannot overturn an employer's decision, it will, nonetheless, provide an accountability mechanism that we should all use.
"There is, finally, a commitment that, should employers not use the approach outlined in the guidance, legislation will follow in 18 months. It is to be hoped that in the new political atmosphere, employers will adopt the new spirit of generosity and equality intimated by the Guidance.
"It is now time for some movement addressing these issues from the Irish government to ensure a level playing field across Ireland for political ex-prisoners."
Coiste is anxious to hear from political ex-prisoners who may have continuing difficulties so that we can inform the Review Panel how the initiative is working. If you wish to get advice or more details, contact Coiste on 048/028 90 200 770.
The Guidance for employers recruiting people with conflict-related convictions can be found at the following link:
(5th June 2007) Mike Ritchie on the application of the new guidance for employers:
Since 2004, representatives of Coiste na n-Iarchimí have engaged with Trades unions, employers’ organisations and British government representatives in order to get legislation prohibiting discrimination against former political prisoners. Instead the British direct rule minister David Hanson opted for the Guidance that was issued last month. However, it is important to say that the Guidance is best practice and employers who choose to ignore it are consequently in breach of good practice. In other words the guidance is quite heavily weighted in favour of the applicant.
I would ask the ex-prisoner to contact us as we are seeking to monitor how this new system is working. Importantly it does apply to the public sector as the policy has been adopted by all government departments and agencies. If a public sector employer did not operate according to it, we would be keen to take up the issue and seek a meeting with the employer concerned.
Former political prisoners should remember that the Guidance says the question of a ‘conflict-related conviction’ should not come into the equation until after the interview. It is only at that point that the successful candidate should be asked to declare a conflict-related conviction. The employer is then asked to consider whether the conviction is “materially relevant” to the job in question. In considering this, the employer should remember that the guidance defines this as the conviction being “manifestly incompatible” with the job. We consider that this is a very difficult test for the employer to achieve. The guidance also suggests that relevance will only be material in “very exceptional circumstances”. Again this weighs in favour of the ex prisoner.
It is also important to point out that in any Fair Employment case an ex-prisoner lodges, weight would be given to the advice in the Guidance.
This is not a perfect situation for the thousands of political prisoners but it is a start and it is recognition from the British Government of the political circumstances of the imprisonment of the men and women concerned over the past thirty years of conflict.
If any employers or political ex-prisoners are seeking clarification or advice in relation to the operation of the guidelines, we would be happy to speak to them on 90200770.