Building a Human Rights Culture in a Political Democracy: The role of the Northern Ireland Human Rights Commission
by Colin Harvey
From: Human Rights, Equality and Democratic Renewal in Northern Ireland edited by Colin Harvey
Hart Publishing 2001
Functions and powers
The Agreement refers to the establishment of a new Northern Ireland Human Rights Commission "with membership from Northern Ireland reflecting the community balance".1 The Agreement states that it should have "an extended and enhanced role beyond that currently exercised by the Standing Advisory Commission on Human Rights".2 The Human Rights Commission thus forms a part of the overall settlement. It is to be an independent safeguard on the protection of rights in Northern Ireland.
The functions and powers of the Human Rights Commission are contained in the Northern Ireland Act 1998, which reflects the terms of the Agreement. The Commission is composed of a Chief Commissioner (Professor Brice Dickson) and nine part-time commissioners.3 The Commission has a general obligation to keep the adequacy and effectiveness of Northern Ireland law and practice relating to the protection of human rights under review.4 This function relates not only to the content of law and practice but its effectiveness and thus its practical impact. The Commission has initiated reviews of the law and practice in Northern Ireland affecting: older persons; people who are lesbian, gay, bisexual or transgendered; and people who are mentally ill. It will provide advice to the Secretary of State and the Executive Committee of the Assembly on measures which should be taken to protect human rights.5 This is following a general or specific request for advice or on other occasions when it thinks it appropriate.6 The Commission has offered advice to the Secretary of State, and to MPs in London, on proposed new laws dealing with asylum and immigration, freedom of information, terrorism, and equality for people with disabilities. This advisory role also involves work on specific pieces of Northern Ireland legislation. The Commission has the job of advising the Assembly if a Bill is compatible with human rights.7 The Commission has agreed a Protocol with the OFM-DFM with a view to obtaining early access to draft laws and policies proposed by the Assembly and Executive so that it can comment on the human rights implications. On UK-wide activities the Commission has participated in the work of the UK task force for the implementation of the Human Rights Act 1998.
The Commission has a role in giving assistance to individuals8 and has the power to bring proceedings.9 It has wide powers with respect to assistance to individuals. The Commission may grant assistance in relation to proceedings raising human rights issues when: the case involves an issue of principle; when it would be unreasonable not to do so because of, for example, the complexity of the case; or when special circumstances arise.10 If it decides to grant assistance it can arrange for the provision of legal advice and/or make arrangements for legal representation.11 The Commission has a broad discretion in these areas which will permit a more flexible approach. The Commission has developed and applied its own criteria for assisting individuals. It has received over one hundred applications for assistance and has granted assistance in some of these. It has also developed criteria for applying to court for permission to intervene in proceedings as a third party. The purpose is to assist the court with the rules and principles of human rights law which are relevant to the proceedings in question. The Commission has been granted permission to intervene in several instances, including a case before the European Court of Human Rights.12
The power to investigate human rights violations is important for national
institutions.13 The Commission may "conduct such investigations as it considers necessary and expedient".14 It does not, however, have the power to compel
the disclosure of documents. The power is thus rendered less effective than
it might be, although it is still a valuable aid to its work. The Commission
has developed criteria for conducting investigations into matters of human
rights concern in Northern Ireland. Thus far it has investigated the juvenile
justice system and the effects of the policing of parades. Its research
has also been useful in identifying areas where an investigation might be
necessary. For example, the Commission has conducted research into the use
of plastic baton rounds in Northern Ireland with a view to deciding whether
to conduct a formal investigation. |
