Freedom in the World 1998 - Ireland

1998 Scores

Status: Free
Freedom Rating: 1.0
Civil Liberties: 1
Political Rights: 1

Overview

Despite concerns that his minority ruling coalition would fray, Fianna Fail's Bertie Ahern and his Progressive Democrat partners worked together successfully in 1998 and presided over unprecedented economic prosperity, a Northern Ireland peace settlement, and preparations for the January 1999 launch of the Euro. In fact, the only threat to the government's stability appears to be the outcome of investigations into two payments-to-politicians scandals that have tainted political figures close to the prime minister.

Ireland's 26 counties held Dominion status within the British Commonwealth from 1921 until 1948, when Ireland became a fully independent state. The six counties of Northern Ireland remained part of the United Kingdom at the insistence of their Protestant majority (See Northern Ireland under United Kingdom, Related Territories). Despite Articles 2 and 3 of the Irish constitution, which claim Irish sovereignty over the entire island, the republic has played only a consultative role in Northern affairs, as defined by the 1985 Anglo-Irish accord. As part of the 1998 peace agreement, the Irish voted in May to amend the articles so that a united Ireland may not be established without the consent of a majority of people in both jurisdictions. The government has until April 1999 to implement the amendments, based on its satisfaction that other parts of the agreement are in place.

After June 1997 elections, Ahern assembled a coalition of his populist Fianna Fail, the right-of-center Progressive Democrats, and a handful of independents to unseat John Bruton's Fine Gael-led "Rainbow Coalition" with Labor and the Democratic Left. Although Bruton's two and a half year-old government presided over the largest economic boom in Irish history¾seven percent growth per year since 1994¾and led a major effort to reduce drug-related crime, he came under attack over a stalemate in the Northern Ireland peace process and was denounced for being "soft" on Sinn Fein. His integrity was also called into doubt by a questionable donation made to Fine Gael by a department store magnate.

As expected, Ahern brought no major policy changes to the new government; economic policy is largely determined by Maastricht Treaty provisions for European Monetary Union (EMU), and Ireland is set to join the single currency in January 1999. The current wave of economic prosperity is expected to last well into the next decade. In a referendum on May 22, 62 percent of Irish voters approved the Amsterdam treaty on closer ties with the European Union. The treaty, a successor to the Maastricht treaty of 1992, provides for greater cooperation on health, crime, unemployment, and the environment among EU states.

The prime minister's popularity was boosted by his success in helping to bring about a peace settlement in Northern Ireland. Described by the Financial Times as a renowned conciliator, Ahern quickly established good relations with British Prime Minister Tony Blair as well as the head of the Ulster Unionist Party in Northern Ireland, David Trimble. With concessions to Gerry Adams' republican Sinn Fein, including Irish Republican Army (IRA) prisoner releases, he helped win an IRA ceasefire in 1997 and bolstered Sinn Fein's participation in the final agreement on April 10, 1998. The "Good Friday Agreement" recognizes the "principle of consent" in the status of Northern Ireland, creates a 108-member assembly to be elected by proportional representation, establishes a north-south ministerial council to consult on matters of mutual concern to Ireland and Northern Ireland, and establishes a British-Irish council of British, Irish, Northern Irish, Scottish, and Welsh representatives to discuss particular policy issues. In a May referendum, 94 percent of Irish voted in favor of the agreement.

The government's stability may suffer as a result of the Moriarty and Flood tribunals, two government-appointed high court investigations into questionable political donations and possible abuse of planning rules. Former Fianna Fail leader and Ahern ally Charles Haughey faces the threat of prison if convicted of misleading an investigation into payments made to him by a prominent businessman while he was prime minister in the early 1980s. Ray Burke resigned as Ahern's foreign minister in late 1997 and remains under investigation for alleged undeclared payments from a North Dublin builder. Although Ahern has emerged virtually unscathed from the current scandals, there is concern that the investigations may unearth new allegations, prompting Mary Harney's Progressive Democrats to withdraw support for the government.

Political Rights and Civil Liberties

Irish citizens can change their government democratically. Northern Irish are considered citizens and may run for office in the republic. Currently, only diplomatic families and security forces living abroad may vote by absentee ballot.

Civil liberties activists have denounced Ireland's refusal to incorporate the European Convention on Human Rights into domestic law. Currently, Irish citizens who believe that particular laws or court decisions violate their rights under the Convention cannot bring grievances to the Irish courts, since the Convention is not part of Irish law. But they may not go to the European Commission or the Court of Human Rights in Strasbourg unless they have "exhausted domestic remedies," namely the Irish courts. Great Britain recently incorporated the Convention into its law, thereby giving Northern Irish citizens access to the Convention through the Northern courts.

A 56 year-old state of emergency was lifted in 1995, though the government stopped short of revoking all special powers associated with emergency law. These include special search, arrest, and detention powers of the police, and the juryless Special Criminal Court (SCC) for suspected terrorists. The SCC involves a three-judge panel instead of a jury, and the sworn statement of a police chief identifying the accused as a member of an illegal organization is accepted as prima facie evidence. The Irish Council for Civil Liberties expressed concern that high-profile drug and crime cases would be heard increasingly in the SCC as the number of cases linked to the Northern conflict declines. Such fears were confirmed when it was decided last year that the case of Paul Ward, charged with the 1996 murder of journalist Veronica Guerin, would be tried in the SCC.

The Irish government announced "draconian" measures to combat terrorism after a bombing in Omagh, Northern Ireland by a radical Republican group in August killed 28 people. These measures include curtailing the right to silence so that a court may infer guilt from the silence of a suspected terrorist or member of an outlawed organization, and extending the maximum period of detention without trial from 48 to 72 hours under the Offences Against the State Act. The measures were implemented less than a month after the bombing, and one suspect was detained under the revised law in early September.

The Irish media are free, though they may not publish or broadcast anything likely to undermine state authority or promote violence. In addition to international cable broadcasts, international newspapers, particularly from Britain, are gaining a growing share of the Irish market. The government has been accused of placing Irish newspapers at a disadvantage by levying on them the highest value-added tax in the EU. Concentrated ownership and harsh libel laws also restrict information.

The Supreme Court in March lifted an injunction against Radio Telefis Eireann (RTE), whose journalists were investigating an alleged tax evasion scheme by the National Irish Bank (NIB). The NIB had tried to prevent RTE from disclosing information relating to the case. However, the court warned RTE that innocent bank customers could sue the station if they were defamed.

A Freedom of Information Act came into effect in April. It allows citizens access to personal information as well as official records held by government departments or other public bodies. Exempted records will include cabinet meetings, law enforcement and public safety, security, defense, international relations, and commercially sensitive information. Critics point out that information brochures about the law may scare civil servants into withholding information by narrowly defining the scope of information covered by the law. Also, the brochure carefully reminds civil servants that only "designated officers" may distribute information. Furthermore, a fee of about $25 per hour for the provision of non-personal data may deter citizens and journalists from seeking information.

Gender discrimination in the workplace is unlawful, though inequality of treatment regarding pay and promotion generally favors men in both public and private sectors. According to the Employment Equality Agency, weekly earnings of women in 1997 amounted to approximately 69 percent of the weekly earnings of men. An August 1998 Labor court ruling found that a Dublin corporation discriminated against a woman seeking promotion, and recommended that she be appointed to the position she had sought with back pay. A government task force on violence against women reported in 1997 that domestic violence is a widespread problem, and that many women believe that existing services are inadequate to address the issue.

Labor unions are free to organize and to bargain collectively. About 55 percent of workers in the public and private sectors are union members. Police and military personnel are prohibited from striking, but they may form associations to represent themselves in matters of pay and working conditions. The Gardai Representative Association (police association) held two 24-hour work stoppages in June 1998 by calling in sick in large numbers. Their demand was a 15 percent pay increase.