Publications

Submission of the NIHRC and ECNI to the Northern Ireland Scrutiny Committee on Strengthening Northern Ireland’s Voice in the Context of the Windsor Framework

Summary of Recommendations

The Commissions recommend that:

1. the UK Government and EU officials ensure ongoing timely and structured engagement with NI civil society including equality and human rights stakeholders, including on matters relating to Windsor Framework Article 2. This engagement should include with those working on rights and equality on a cross-border basis.

2. the UK Government and EU Commission continue to keep them informed of any future EU equality law developments relevant to Annex 1 equality directives, including via the Joint Consultative Working Group, and provide the opportunity to highlight in advance any implications of those changes for equality law in Northern Ireland.

3. the UK Government and NI Departments ensure that Explanatory Memoranda/notes and Human Rights Memoranda/impact assessments on Bills and draft statutory instruments that may engage Windsor Framework Article 2 set out detailed consideration of compliance.

4. the Committee seeks clarification from the Secretary of State for NI and from the Executive Office on what further steps will be taken to embed detailed consideration of Windsor Framework Article 2 compliance into processes and procedures across Whitehall and the NI Civil Service, including the timeline for doing so.

5. the UK Government and NI departments roll out effective and comprehensive training on Windsor Framework Article 2 to all relevant officials, and act promptly to ensure guidance on policy and legislative development include detailed steps for consideration of Article 2.

6. the Committee considers if there are sufficient mechanisms in place to ensure effective parliamentary scrutiny in terms of Windsor Framework Article 2 compliance by the UK Government, particularly in the absence of the European Scrutiny Committee.

7. the Secretary of State for NI, the NI Assembly and the Windsor Framework Democratic Scrutiny Committee integrate equality and human rights considerations into the revised process under Article 13(4) of the Windsor Framework, as well as at all key stages of the ‘Stormont Brake’ mechanism.

8. the Windsor Framework Democratic Scrutiny Committee undertakes meaningful and timely engagement with the Commissions and with equality and human rights groups in NI, in relation to a proposed EU measure, or a replacement EU Act, to seek their views on the implications for the promotion and protection of equality and human rights in NI.

9. the secretariat of the Specialised Committee establishes a formal communication channel with the Commissions to ensure early engagement on anticipated changes or additions to legislation on matters relating to equality and human rights in Northern Ireland, including Windsor Framework Article 2.

10. The Committee may wish to seek clarity from the UK Government on what consideration is given to equality and human rights in NI by the EU Commission in impact assessments of draft EU proposals.