Publications

Advice: Office for Identity and Cultural Expression Provisions of the Draft Northern Ireland Act 1998 (Amendment No 1)

​Read the Commission’s advice on the Office for Identity and Cultural Expression Provisions of the Draft Northern Ireland Act 1998 (Amendment No 1).

Date produced May 2020.

Below is a summary of the recommendations.

You can also download the full document through the links provided.

The Northern Ireland Human Rights Commission (NIHRC) :

• 3.13 recommends that human rights language is embedded within Clause 78A, for example enabling the right to identity and cultural expression to cover where it is necessary in promoting the general welfare of a democratic society, proportionate in pursuing a legitimate aim, and adheres to the principle of non-discrimination.
• 3.20 recognises that the General Principles in Clause 78A must include language reflective of two main communities in NI as a post-conflict society. However, the NIHRC recommends that in upholding the right to identity and cultural expression, that other smaller minority communities are included. Both of the above can be best achieved through a common commitment to human rights, fairness, equality and justice for all.
• 3.23 recommends that a similar approach is taken in respect of the Office and the Bill is amended to include reference in to the European Charter for Regional or Minority Languages, Framework Convention on National Minorities and the culture provisions in UN CRC within its General Principles. In addition to the three aforementioned treaties, the NIHRC recommends that the proposed list of human rights treaties to be included in the Bill is expanded to include Articles 1, 19 and 27 of the UN ICCPR and Article 15 of the UN ICESCR, the detail of which is provided in Appendix 1.
• 3.28 recommends that rights based language is embedded within the aims and functions set out in clause 78C. This involves amending the language to include ‘promote and protect’. This is particularly important as it reflects the intended aims and functions of the Office envisaged in the New Decade New Approach document.
• 3.31 recommends that all functions of the Office contained with the New Decade New Approach document are included within the legislation.
• 3.36 advises that consideration is given to how a public authority’s non-compliance with the Office’s General Principles is remedied within the Bill. This could be enabling the Office to receive complaints, providing the Office with an investigations function or extending the Director’s remit. This could involve considering the relationship between the Office and the Equality Commission NI, to ensure there is no duplication of duties or functions.
• 3.39 advises that the interpretation of ‘public authority’ within Clause 78D is too narrow and recommends that the definition of ‘public authorities’ is amended to reflect section 6 of the Human Rights Act 1998.