ICCL publishes new research report detailing infringements of civil society’s rights of public participation, freedom of association and freedom of expression 

1 May 2024 

The Irish Council for Civil Liberties (ICCL) has today published a research report which finds that a significant proportion of community and voluntary organisations which receive State funding are curtailing their advocacy and campaigning efforts due to implicit and explicit restrictions associated with the funding they receive. 

Almost two-fifths (37%) of the research participants report that they have curtailed their advocacy, campaigning or communications efforts for fear of impacting their funding. This rises to almost half (48%) amongst organisations working in homelessness and addiction, which are particularly likely to be involved in frontline service delivery and therefore to be in receipt of State funding. 

Civil society forms a critical part of the democratic and service delivery landscape in Ireland and the voices of community and voluntary organisations are central to the policy-making process. The rights of public participation, freedom of association and freedom of expression, all of which are enshrined in Ireland’s Constitution, the European Convention on Human Rights and the International Covenant on Civil and Political Rights (ICCPR) also apply to the sector and are fundamental for democracy. 

The report, titled '"That’s Not Your Role”: State Funding and Advocacy in the Irish Community, Voluntary and Non-Profit Sector', also examined civil society’s perception of the effectiveness of the State’s stakeholder engagements for policy formation. More than two-thirds (70%) of participants reported missing out on an engagement process because they found out about it too late. More than one-third (35%) of all respondents reported that the issues they raised were rarely or never taken on board in stakeholder engagements. 

The research findings also point to a mismatch between the efforts expended on taking part in stakeholder engagement and the benefits of same. While participation is viewed by research participants as moderately resource intensive, the benefits are not seen as worth the effort. All participants were ambivalent about taking part in future stakeholder engagement. 

It should be noted that the findings on funding and stakeholder engagement were not uniform across all government agencies and departments, or geographically. This suggests a lack of clear centralised guidelines, resulting in uneven standards and approaches. 

Speaking today, Liam Herrick, Executive Director, ICCL, said: 

“The research we are publishing today demonstrates a worrying level of self-censorship amongst the community and voluntary sector, based on the risks – perceived or stated – that criticism of the State will negatively impact on an organisation’s funding. 

"This is entirely at odds with the principles of public participation, freedom of association and freedom of expression, and the critical role civil society plays in shaping cohesive and well-informed public policy. Many organisations are put in the impossible position of having to choose between speaking up on behalf of their members and service users, or keeping quiet to protect their funding to provide often critical services. 

"We also found that the State’s stakeholder engagement process is not fit for purpose for the community and voluntary sector. Research participants reported to us that the benefits of taking part in these processes are not worth the effort and that they are ambivalent about taking part in future processes.” 

The report makes seven recommendations on funding and stakeholder engagement, which include: 

• All funding agreements between the State and NGOs should be modified to clearly state that the acceptance of funding does not preclude criticism of government policy, campaigning or advocacy. A complaints mechanism for breach of these agreements should be considered. 
• The State should commission a full investigation into the prevalence of self-censorship in the community and voluntary sector to understand the scope of the issues identified in this study. 
• Efforts should be made to improve the communication of stakeholder engagements such as public consultations to ensure community and voluntary organisations – including low-capacity and grassroots organisations – are fully included in the process. 

Liam Herrick concluded: 

“It is a deeply worrying state of affairs when community and voluntary organisations which are at the coalface of the most significant issues facing the State – and many of which are in precarious funding situations – are afraid to speak out for fear of financial implications. The State must move to recognise and protect the essential and legitimate role of civil society to criticise the State and its policies as they see fit, as is done in other jurisdictions such as Northern Ireland.”