Human rights public bodies argue that Belfast / Good Friday Agreement 'intended there should be long-term North-South equivalence' in terms of law

The statement appears in a report about the NI Protocol, published jointly by The Northern Ireland Human Rights Commission (NIHRC) and the Equality Commission Northern Ireland (ECNI) this week.

The joint report is basically a dense ream of technical legal arguments about how the Protocol copper-fastens laws governing citizens' rights in the wake of Brexit.

In short, it states that not only must the legal framework which existed pre-Brexit be maintained post-Brexit, but that any additions to it in the form of EU law must also apply to Northern Ireland.

To illustrate this, the joint report points to clauses in the 1998 Agreement - particularly one which calls for two Human Rights Commissions to be established: one in Belfast, one in Dublin.

The text of the 1998 deal goes on to say that those two bodies should in turn also set up "a joint committee" for the "consideration of human rights issues in the island of Ireland", and that the Republic of Ireland should "ensure at least an equivalent level of protection of human rights as will pertain in Northern Ireland".

In the UK government's view, the 2020 Withdrawal Agreement (of which the Protocol is part) "does not require North-South equivalence of rights and equality protections".

But the NIHRC and ECNI disagree.

In their joint report, whilst they say the 1998 deal "did not anticipate" Brexit, the NIHRC and ECNI argue that "it is clear from the context of the provisions [of the Good Friday Agreement] and the establishment of the Joint Committee that long-term North-South equivalence was the intention".

It adds: "The Commissions consider that long-term North-South equivalence is important.

"Whilst the Protocol requires that NI equality law keeps pace with any EU changes to the Annex 1 equality directives which enhance protections, there is the potential for equality and human rights on the island of Ireland to diverge after 31 December 2020.

"It is essential that NI equality and human rights law keeps pace with changes to equality and human rights law in Ireland, including rights introduced in the Ireland as a result of EU laws that enhance protections introduced on or after 1 January 2021."

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