FEATURE: Would a Bill of Rights ensure a better future for Ulster?
WITH the public consultation process due to close on March 1 on a Bill of Rights for Northern Ireland - campaigners for and against the proposed legislation argue their case
The Case For
At 72, Sadie Hamill shows no signs of slowing down. An active member of Craigavon and Banbridge Pensioners Actively Lobbying Services, PALS, Sadie is actively campaigning for the rights of older people to be recognised. Here she explains why a Bill of Rights is crucial to this fight.
"THE population of Northern Ireland is ageing. Recent statistics have shown that there are 296,000 people of pensionable age living in Northern Ireland. This represents 16 per cent of the population.
Too often, society fails to represent the views of older people, and groups such as PALS come together to campaign on behalf of the over 50s. We work to ensure that the voices of this section of society are heard and to ensure that the specific needs of Northern Ireland's older population are recognised and addressed.
As our population ages we must ensure that older people are enabled to contribute as fully as possible for as long as possible and can be assured that their rights and interests will be adequately protected.
Currently, some older people do not have enough money to live on, others are unable to access the services they need, and many are isolated and lonely. In the worst circumstances older people are abused and neglected.
An ageing population will of course present a number of challenges in areas such as housing, health and social care and Northern Ireland needs to adapt to the realities of this changing society. Public services and policy need to address these issues and adapt to provide an adequate standard of living for all in Northern Ireland.
For over 12 years, I and others across Northern Ireland have been campaigning for the introduction of a strong and inclusive Bill of Rights in Northern Ireland. Over 140 community and voluntary groups, Trade Unions and NGO's, have come together to campaign and we all believe that a Bill of Rights that is strong and inclusive will guarantee better protection under the law for everyone in Northern Ireland and make the government accountable for any failure to protect our rights.
A Bill of Rights will elevate peoples' rights above party politics and protect everyone equally, regardless of political opinion, religion, national identity, age, or sex.
A Bill of Rights would help insure that the older generation has enough money to live on, not just survive. We have seen this winter, how so many older people have had to make the difficult decision of either heating their homes or putting food on the table. Roughly 500 older people die of cold in Northern Ireland every year. I think we need a Bill of Rights to make sure that this appalling statistic becomes a thing of the past. Surely being able to heat our homes is not too much to ask?
The Bill of Rights is not just about the law, it would influence the way in which public services are delivered to older people. It could ensure that providers of public services, such as residential homes, hospitals or carers in your own home, must make sure that they do not breach your human rights, by tailoring their services to the individual needs of each person to allow us to live independently for as long as we want and allow us to feel safe in our homes and communities.
We can ensure that older people are treated with respect and dignity in everything that they do. It can contribute to building the society all of us want to live in, one where we are respected by others and protected by law.
While I represent older people, the Bill of Rights is for us all. Human Rights do not change with age, and our call for a Bill that includes social and economic protection, such as the right to housing, work and healthcare, is as relevant to me at 72 as it is to a younger person."
The Case Against
Ulster Unionist and gay rights activist Jeffrey Dudgeon, 63, was the winning plaintiff in 1981 at the European Court of Human Rights at Strasbourg in a case against the British government. This resulted in the decriminalisation of homosexuality in Northern Ireland and was the first successful gay human rights case in Europe. Here he explains why there is no need for a NI Bill of Rights.
"I was surprised, indeed. shocked at the Northern Ireland Offices document issued in response to the 2008 report of the Northern Ireland Human Rights Commission (NIHRC). I was a severe critic of NIHRC's expansive reading of its remit in the Belfast Agreement since it was first enunciated by the then chair, Brice Dickson, at an Irish Association meeting I organised in 1999.
However we had been given no reason to believe the NIO was doing other than encouraging those in the community and voluntary sector who refused to consider the tiniest compromise with the Unionist Parties (and Alliance) at the 2007/8 Bill of Rights Forum.
The NIO has now mercilessly discarded two thirds of the NIHRC proposals as being outwith the remit the particular circumstances of Northern Ireland - while consigning most of the rest to oblivion. They are described as essentially UK-wide issues that would be covered in the governments proposed UK Bill of Rights and Responsibilities.
What is left are a few self-evident rights that are not at issue like voting in free elections and several others whose regulation is more appropriate for legislation than any Northern Ireland Bill.
The remaining NIO-proposed rights require to be agreed in the Assembly and are self-evidently doomed as they have no cross-community support.
Given NIHRCs failure to come up with any particular Northern Ireland rights and the NIOs limited offering in their document there is no case for bothering with a Bill at all. Instead we should continue to rely on the European Convention on Human Rights which has been tried and tested here, including in my 1981 court case.
The million of pounds provided to the voluntary sector by Atlantic Philanthropies for this lost cause should now be directed at worthier causes.
What is a Bill of Rights?
A Bill of Rights for Northern Ireland was mandated by the Belfast Agreement, 1998. Following this agreement, the Northern Ireland Act of 1998 established the Northern Ireland Human Rights Commission and gave it specific duties in relation to a Bill of Rights. The Commission is directed by section 69(7) to "advise" the Secretary of State for Northern Ireland on what should be in a Bill of Rights for Northern Ireland.
The Bill is to "reflect the particular circumstances of Northern Ireland drawing as appropriate on international instruments and experience".
The Commission is also to consider whether and how to formulate:
(1) a general obligation on government and public bodies fully to respect, on the basis of equality of treatment, the identity and ethos of both communities in Northern Ireland, and
(2) rights not to be discriminated against and to equality of opportunity in both the public and private sectors.
The rights it contains are to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem.
In order to give the best advice the Commission engaged in a comprehensive consultation process. It has received over 600 submissions from individuals and agencies and organised a large number of public meetings, seminars and training events throughout Northern Ireland to ensure that as many views as possible were heard."
Areas where new rights may be required
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