Proposed bill goes 'far beyond' remit
The Northern Ireland Human Rights Commission's plans for a bill of rights has exceeded its remit, two unionist members of the organisation have claimed.
The commission passed its proposals to government on Wednesday.
But two of its members, Lady Daphne Trimble and DUP representative Jonathan Bell publicly rejected the report yesterday.
The pair passed a document to the Secretary of State listing their objections only 24 hours after NIO Minister Paul Goggins praised the commission for its work on the issue.
“My fundamental difference is that the rest of the commission has misinterpreted its mandate,” said Lady Trimble.
A bill of rights covering the ‘principles of mutual respect for the identity and ethos of both communities and parity of esteem’ was promised in the Belfast Agreement 10 years ago.
Lady Trimble added: “This was plainly required to be the essence of our advice, on the particular circumstances of Northern Ireland advice which reflected the reasons behind and the purpose of the Belfast Agreement.
“The additional rights suggested by the majority (of the commission) are outwith our mandate and take insufficient cognisance of the European Convention on Human Rights (ECHR) and its jurisprudence, or the UK Human Rights Act.”
She had already expressed fears a strong bill would see courts overrule the policy decisions of elected representatives, while Lady Trimble also said such legislation would not be acceptable elsewhere in the UK.
Head of the Human Rights Commission, Monica McWilliams, said eight of the 10 commissioners had supported the proposals passed to government.
The commission’s advice on a bill covered a range of areas including language rights, the rights of victims of violence and entitlements to education and health.
Lady Trimble and Mr Bell handed the document listing their concerns to the NIO at Castle Buildings, Stormont.
Lady Trimble said: “I remain committed both to human rights and the work of the commission.”
Mr Bell said in his letter to the NIO: “I believe the remit of the commission is very clearly set out in the Belfast Agreement: ‘To advise on the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights, to reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience’.
“Therefore, the commission ought to have directed their minds to only those rights which are supplementary to those in the ECHR and those that reflect the particular circumstances of Northern Ireland.”
He added: “However, I regret that the commission has decided to expand this remit by aiming to have an all-encompassing socio-economic based bill of rights which would go far beyond any similar document anywhere in the world.
“Although there are a number of areas where Northern Ireland has a distinct set of challenges such as dealing with victims and survivors of the Troubles, issues of identity and political ethos and parades – many of the social, economic, health, housing and environmental issues included in the report are not distinct to here.
“The problems of poverty, deprivation, disadvantage and other societal issues are common right across the UK and most other countries. These are challenges for every government.”
A further serious concern was the commission recommended making these extensive rights directly enforceable in the courts – and the financial consequences of trying to defend the actions could be “crippling”.
l See Morning View, page 18
financial consequences of public bodies trying to defend these actions will be of detriment to us all,” he added.
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Tuesday 29 May 2012
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