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:

I can answer the questions posed by Deputy Brendan Smith and Mr. Pat Doherty on some of the useful things they could do.

The Ministry of Justice in the United Kingdom is responsible for carrying this forward, but it is clear that both the Northern Ireland Office and, significantly, the Foreign and Commonwealth Office are extremely interested in how this moves forward. It is one of the great paradoxes that, despite the political populism that is antipathetic to the European Union and, at times, the European Convention on Human Rights and the European Court of Human Rights in Strasbourg, the United Kingdom Government spends a great deal of time trying to extend its influence within those institutions and puts a lot of time and energy into its relationships with Brussels, Strasbourg and so on to ensure that it punches above its weight. I think that is what the Irish Government can do, in terms of talking to the UK Government and also on the international stage, where I think the UK Government is very sensitive to its field of influence. There are things the Irish Government can do because of its very good relationships on the international stage that can be extremely useful. That is where some of the pressure may come to bear.

On the question of whether we have engaged with human rights organisations in England, Scotland and Wales, the short answer is "Yes," as Mr. Mark Kelly outlined. The other commissions are very involved in this. The joint statement was put together to send to the United Nations Human Rights Council. It is very clear, for example, in Scotland that there is no appetite for abolishing the Human Rights Act. There is the Smith Commission and there is a Scotland Bill, and there will be considerable constitutional tensions if the proposals as set out were passed on a UK-wide basis. There is no doubt that there would be considerable issues with regard to Scotland getting out of the Human Rights Act as there is no desire for that to happen. Other constitutional issues are in play.

The proposals as set out would almost certainly end in a number of domestic and probably international courts. Whether or not that is resiled from when we see what the consultation brings forward, there is a great deal to play for at present. It is very important that we do the work now rather than waiting until something is produced. For me, time is of the essence. The value of the stepping back from implementing this quickly is that it provides an opportunity for commissions, governments and others who are players in this, including the Irish Government, to really make an impact

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