Oireachtas Joint and Select Committees
Thursday, 25 June 2015
Joint Oireachtas Committee on the Implementation of the Good Friday Agreement
Proposed Repeal of UK Human Rights Act: Discussion
10:00 am
Mr. Les Allamby:
Several issue have been raised. I was asked how I would deal with the question of uniformity and the consequences of the repeal and withdrawal of the convention. There are two dimensions, one is a wider international dimension that is beyond the Belfast Agreement.
The UK Government prides itself in terms of its foreign policy of talking to other governments about the importance of nation states meeting their international human rights obligations. Frankly it becomes very difficult to talk to other countries if one does not meeting one's own international human rights obligations. The idea that one can negotiate some kind of accommodation that states that if one does not like what judges in Strasbourg say, one can pick and choose what to follow has all sorts of ramifications. The UK Government has been before the court on 14 occasions in 2014. It has been held to have breached the convention on four occasions. The Russian Federation has been before the court on 129 times and has been found in breach on 122 occasions. I am pretty sure that Vladimir Putin would like a pick and mix approach to the European Convention. It has ramifications beyond these islands.
We all know where politics are. The Belfast Agreement was designed to be anchored for a generation and beyond. Quite frankly we are not quite sure where we will be politically in a month or six months time, not to mind ten or 20 years. The purposes of human rights and equality - I will come back to the bill of rights - were to be substantial bulwarks to ensure we can survive whatever the political situation is in Northern Ireland. Therefore this becomes very important. In a time of relative political stability, the issue of human rights and equality when the political relationship works very well, may assume less importance than at times when there are real political instabilities and tensions. Human rights should be there on universal basis that can ensure whatever the way the wind is blowing, we can recognise the rule of law and that includes human rights provisions. That is very important for us. In terms of the discussions, yes we have discussions with the Northern Ireland Office in particular and with the Secretary of State. I think it is clear that they are very sighted on the ramifications for the Belfast Agreement. I do not think they are under any illusions that the proposals as originally set forth would create some considerable difficulties.
My best, fairly educated guess is they welcome the consultation process and the idea that perhaps we might have some more mature reflection. I am less sanguine about the idea that it will simply stagnate and not happen. They have committed themselves to doing something. The question will be what. They could have quietly dropped it by not putting it in the Queen's speech and they chose not to do that. It is fairly clear to me that something will have to happen.
In the politics of this, the other issue is it could get caught up in the backwash of broader European Union issues. On a purely speculative but best-guess basis on my part, they may wish to get the European Union referendum out of the way before they move down this road, but who knows where we will be sitting after the European Union referendum and what the politics will be? There are certainly a number of MPs within the Conservative Party who are equally uneasy with these proposals and, therefore, it would be unwise to take for granted the idea that the whole of the Conservative Party will rally behind this. It is clear that many of the other political parties will oppose this. That is where we are there.
In terms of the bill of rights, briefly, we would like to see a bill of rights for Northern Ireland. For us, it is unfinished business in the Belfast Agreement. It was designed to supplement the European Convention. It was designed to be there in both times of stability and instability and that is why human rights are really important. Human rights should be there to ensure that when the state is under pressure, as opposed to when it is not, it abides by its human rights commitments. That is where human rights often come into best effect.
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