Records from the Irish Human Rights and Equality Commission (IHREC) unveil internal apprehensions over the potential for perceived “politicisation” or a conflict of interest, following the sudden resignation of Sinéad Gibney, the organisation’s top executive. She left her position as chief commissioner earlier this year to pursue a candidacy as the Social Democrats’ representative in the forthcoming European elections.
Ms. Gibney’s decision to stand in the Dublin constituency caused alarm within the institution. According to internal minutes, a pivotal commission meeting was summoned in the aftermath of her announcement. During this session, IHREC executives were vocal about their anxieties regarding the possible threat to their independence, expressing worries also about the chances of perceived political alignment of the role and the potential ensuing conflicts during the transition phase.
The commission, as documented in their records, acknowledged the existence of a perceived conflict of interest. Deirdre Malone, the IHREC director, advised that current circumstances made it impossible to manage the perceived conflict through standard regulations. In reaction to these concerns, the IHREC stated that this referred to the challenge of eradicating such perception entirely via governance protocol.
Responding to queries, both Ms Gibney and the IHREC stated that measures were implemented to mitigate these perceived risks. Ms Gibney reportedly retreated from duties relating to legal and spokesperson roles, presiding over meetings and making decisions on legal tasks.
Ms. Gibney vehemently denied any political commandeering of her role as chief commissioner, stating, “I have collaborated effectively with my team to curtail any such risk or perception.” She emphasised that she held in high regard the non-partisan nature of her position.
To cope with potential conflicts of interest, an arrangement was established to assess such scenarios as they surfaced. None were reported while Ms Gibney was still with the organisation.
Reflecting on these initiatives, Ms. Gibney expressed satisfaction stating, “A series of meetings were conducted to validate all were satisfied with these measures. I am confident that we had robust governance structures in place to navigate this scenario, and as an organisation, our response was effective.”
Despite the Irish Human Rights and Equality Commission (IHREC) formally incorporating a section into its risk register addressing potential harm to its image as an unbiased independent entity due to Ms Gibney’s announcement, she still maintained informal talks with the Social Democrats beginning in September. Before the January 19th convening, a briefing by Ms Gibney and the IHREC’s executive director hinted that they could request her resignation if her potential candidacy was considered to risk the IHREC’s political neutrality.
The briefing revealed Ms Gibney’s refusal to step down, stating her desire to properly conclude her work, organise a smooth transition, and fulfil her role in a competent and professional manner. Information disclosed under the Freedom of Information laws disclose the discussion of a potential conflict of interest at a private event in a subsequent special meeting on January 26th, with references to her recent participation in a leadership forum of the European Network of National Human Rights Institutions.
In relation to this, the IHREC claimed that most commissioners opined that Ms Gibney should not have attended the event. While she did participate despite the IHREC’s stance, she expressed that it was crucial to maintain the relationships she established as the chief commissioner and to establish the IHREC director as the new contact person. Ms Gibney was glad to report that she believed the visit achieved its intended goals.
The information further reveals that the IHREC had been contemplating a pay rise for its director, which would also affect the chief commissioner’s rank, as it must be at a level higher than the director. Despite applying, the application was unsuccessful. Ms Gibney asserts that the issue of wage did not influence her decision to depart from the IHREC, noting her “significant personal financial exposure to run for election”.
She suggested that the position of chief commissioner should have the same remuneration as a deputy secretary general, rather than the current assistant secretary, and she pointed to the lack of uniformity, using the positions in the Policing Authority, the Electoral Commission, and Coimisiún na Meán as examples.