The Northern Ireland Human Rights Commission
by Stephen Livingstone
20 For example the media ban, which SACHR criticised from its introduction, was repealed after the first IRA cease-fire in 1994 and the government now plans to provide for audio and video recording of interviews with terrorist suspects.
21 Notably in the Court's decision in Brogan v United Kingdom, 145-B Eur. Ct. H.R. (ser. A) (1988), which drew heavily on an amicus brief submitted by SACHR.
22 The Criminal Evidence (Northern Ireland) Order 1988, for a discussion see John Jackson, Recent Developments in Criminal Evidence, 40 No. Ire. L.Q 105 (1989)
23 Standing Advisory Commission on Human Rights, THE PROTECTION OF HUMAN RIGHTS BY LAW IN NORTHERN IRELAND , Cmnd 7009 (1977)
24 SACHR first submitted comments to the Human Rights Committee when it undertook its Third Periodic Report of the United Kingdom in 1991. It only submitted comments to the Committee Against Torture on the occasion of its examination of the UK's Second Periodic Report in 1995.
25 See Maureen Maguire, supra n.24
26 On the Stalker affair, which concerned allegations of a cover-up of unjustified use of lethal force by the police see JOHN STALKER, STALKER (1988). On collusion allegations see AMNESTY INTERNATIONAL, POLITICAL KILLINGS IN NORTHERN IRELAND, (1994)
27 This was also the general view of most politicians in the debates on the new Human Rights Commission in 1998. Not all were of this view however, Ulster Unionist spokesman John Taylor M.P. stated that in his view it lacked community balance, many of its decisions were seen as partial and it was not respected by the "greater number of people in Northern Ireland" H.C. Deb Vol 317, Col 81, 27 July 1998
28 See Anthony Bradley, Wilson Finnie and Christopher Himsworth, Discrimination on Religious and Political Grounds: A Report for the Standing Advisory Commission on Human Rights (1987), summarised in Standing Advisory Commission on Human Rights, RELIGIOUS AND POLITICAL DISCRIMINATION AND EQUALITY OF OPPORTUNITY IN NORTHERN IRELAND: SECOND REPORT, Cm 1107, para. 10.8 (1990)
29 In the 19th report it highlighted the fact that its own remit was not consistent with the Paris Principles, H.C 495, pp.81-2 (1994).
30 Maureen Maguire, supra n.24, notes that the Commission was unable to respond fully to a request in 1993 from William Ross M.P for a list of its recommendations to the Secretary of State and "the success or otherwise of each particular recommendation whether partial or full". She observes that "In fact the Commission could not comply with Mr Ross's straightforward request because it has never consciously followed the fate of specific recommendations".
31 On the approach of the European Human Rights system see Stephen Livingstone, Reviewing Northern Ireland in Strasbourg 1969-94 1 IR. H.R. Y.B 15 (1995). For U.N. examinations see the Committee Against Torture reports of 1991 (CAT/C/SR.133), 1995 (A/51/44) and 1998 (CAT/C/UK), the Human Rights Committee report of 1995 (CCPR/C/79/Add.55) and the report of the Special Rapporteur on the Independence of Judges and Lawyers in 1998 (E/CN.4/1998/39/Add.4). For increasing interest of international NGOs see AMNESTY INTERNATIONAL, POLITICAL KILLINGS IN NORTHERN IRELAND (1994); HUMAN RIGHTS WATCH, HUMAN RIGHTS IN NORTHERN IRELAND (1991), TO SERVE WITHOUT FAVOUR: POLICING, HUMAN RIGHTS AND ACCOUNTABILITY IN NORTHERN IRELAND (1997); LAWYERS COMMITTEE ON HUMAN RIGHTS, HUMAN RIGHTS AND LEGAL DEFENCE IN NORTHERN IRELAND (1993), AT THE CROSSROADS: HUMAN RIGHTS AND THE NORTHERN IRELAND PEACE PROCESS (1996).
32 For a summary of the functions of the Fair Employment Commission see Stephen Livingstone, Religious Discrimination, in CIVIL LIBERTIES IN NORTHERN IRELAND 209-11 (Brice Dickson ed.) (3rd ed. 1997)
33 See supra n.26, also Christopher McCrudden, Law Enforcement by Regulatory Agency: The Case of Employment Discrimination in Northern Ireland 45 MOD. L. REV. 617 (1982)
34 Section 11 of the Fair Employment Act 1989.
35 Ironically SACHR once again had a hand in the creation of this as in 1976 the Secretary of State for Northern Ireland had referred to it the question of whether and how British sex discrimination legislation should be applied to Northern Ireland. See Paul Maguire, supra n.18, at p.48
36 Though its remit is wider than the FEC and extends to goods, facilities and services as well as employment.
37 The Commission for Racial Equality in Northern Ireland, established in 1997 was given similar powers to the EOC-NI but the Northern Ireland Disability Council, which was set up in 1995, was given an advisory role more similar to SACHR.
38 See David Smith, EQUALITY AND INEQUALITY IN NORTHERN IRELAND: PART 3
- PERCEPTIONS AND VIEWS 101 (1987). |
