MP calls for NI equality chiefs to consider their position after Supreme Court ruling
Jim Allister says a ruling by the UK Supreme Court which “restrains” the impact of EU law in the province shows that the heads of Northern Ireland’s equality watchdogs had gone out on a limb on the issue.
The TUV leader says the Equality Commission (ECNI) and NI Human Rights Commission (NIHRC) chiefs “should be considering their positions” over the judgement.
It follows a legal victory by the government over the legality of Troubles legacy laws, with the UK’s top judges ruling that rights provisions in Article 2 of the Windsor Framework are limited.
Both ECNI and NIHRC have sought to extend the remit of the framework beyond its current limited scope. ECNI has stalled issuing guidance for Northern Ireland on single sex space citing the post-Brexit deal’s human rights provisions as a complicating factor.
Last year, the Supreme Court ruled that the definition of woman in law is based on biological sex and not on self-declared gender identity. The ruling covered the Equality Act which only applies in Great Britain, with ECNI initially saying the view of the UK’s top court would be persuasive where similar issues arise in Northern Ireland.
However, it stalled issuing guidance for local workplaces and public bodies, pointing to uncertainty it said was created by the Windsor Framework.
Reacting to Thursday’s judgement, Mr Allister said: “It is particularly welcome that the ambition of the NIHRC and the Equality Commission to use ArtIcle 2 of the Windsor Framework to thwart the application of the key equality ruling on the supremacy of biological sex, should itself be thwarted by this judgment.
“Having gone out on such a limb on this issue, following the 'For Women Scotland' ruling, the leadership of both the NIHRC and ECNI should be considering their positions. Moreover, their patently flawed guidance on this issue should be withdrawn forthwith.”
The two organisations have also argued that the UK Government and NI Executive should “ensure North-South equivalence of rights, by aligning with changes to EU equality and human rights law, even where not required to under the Windsor Framework”.
An ECNI spokesperson said: “We welcome that the Supreme Court judgment in ‘Dillon and others’ has accepted that Article 2 of the Windsor Framework is capable of direct effect in domestic law, in a wide set of circumstances. However, it is a detailed judgment, and the Commission will take time to consider its implications in relation to our remit.”