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Response to the Ad Hoc Committee’s consultation on a Bill of Rights for Northern Ireland

The Commission’s response to the Ad Hoc Committee’s consultation on a Bill of Rights for Northern Ireland.

Date produced February 2021.

Below is a summary of the recommendations.

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

• The Commission reinforces its advice to the Committee that there is a need to harmonise the ECHR, as domesticated through the HRA, and any proposed Bill of Rights for NI to ensure a complementary interpretation about the meaning and scope of human rights. It also reinforces the importance of guaranteeing non retrogression and ensuring that the Bill of Rights effectively serves to protect against the risk of any diminution of current levels of protection in NI across all areas. Finally, the Commission advises on the need to ensure non-diminution of rights, the concept of which has a new relevance following the UK withdrawal from the EU in 2021. The UK Government is committed to ensuring that certain human rights and equality protections contained in the rights, safeguards and equality of opportunity chapter of the Belfast (Good Friday) Agreement will be maintained under the terms of the EU withdrawal treaty. This is known as the non-diminution commitment. It was formalised in the Ireland/ Northern Ireland Protocol and given legal standing in the European Union (Withdrawal Agreement) Act 2020.35.
• In addition, there is a commitment that NI law will keep pace with any EU developments under specific equal treatment and non-discrimination EU directives. 36 The Commission notes that the political landscape in NI, the UK and Ireland has changed considerably since 2008. Withdrawal from the European Union has largely removed the guarantee of protection afforded by EU law. This notably includes access to the Court of Justice of the EU and the clear and straightforward application of the EU Charter of Fundamental Rights. In the absence of a Bill of Rights since the Belfast (Good Friday) Agreement, the Charter of Rights has arguably served as the instrument most closely aligned to the vision set out in 1998 of enforceable rights that supplement the provisions of the ECHR. In the vacuum that has been created, the reverse would be true if a Bill of Rights for NI is enacted. Put simply, a Bill of Rights for NI may fill the gap that now exists in the human rights architecture and the Commission continues to recommend that the advice provided to the Secretary of State for NI in 2008 should be the basis upon which this is enacted.