Is that right? Fact and Fiction on a Bill of Rights
Under the terms of the Belfast (Good Friday) Agreement 1998, the Northern Ireland Human Rights Commission (the Commission) was asked to consult and advise on a Bill of Rights for Northern Ireland. The Commission delivered advice to the Secretary of State for Northern Ireland on 10 December 2008. The Northern Ireland Office subsequently undertook a public consultation. In that context and more broadly, the form of a possible Bill of Rights has been debated vigorously, although very little progress has been made towards the adoption of the instrument.
The ongoing delay in adopting a Bill of Rights for Northern Ireland is a matter of regret for the Commission, which continues to consider that the advice it delivered constitutes a strong basis on which to proceed. Furthermore, the Commission does not accept that the process has to be stalled pending the outcome of the current consultation regarding a possible United Kingdom (UK) Bill of Rights.
The Commission will continue to support efforts for the adoption of a Bill of Rights for Northern Ireland. The present publication is intended to assist in this regard. It responds to a number of the concerns that have been expressed in the political, civil society and media spheres. It also identifies and corrects a number of technical misunderstandings. It is hoped that the report will thus contribute to a constructive advancement of the process.
In conclusion, the Commission recalls that the onus is now on the Government to take the necessary steps to ensure that a Bill of Rights for Northern Ireland will be adopted. To avoid that responsibility is to renege on one of the most important provisions of the Belfast (Good Friday) Agreement.
Professor Michael O’Flaherty
Chief Commissioner
P. Alston (ed) Promoting Human Rights Through Bills of Rights: Comparative Perspectives (Oxford University Press, 1999) at 3.
Ibid at 3, citing Van Maarseven and Van der Tang, Written Constitutions: A Computerized Comparative Study (1978), 191-5.
C. Bell Human Rights and Peace Agreements (Oxford University Press, 2000)
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