Oireachtas Joint and Select Committees

Thursday, 22 September 2022

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

EU-UK Withdrawal Agreement: Discussion

Ms Alyson Kilpatrick:

In response to Stephen Farry's question about ETAs and a recommendation, what the commission recommended is deceptively simple. It is that all journeys into Northern Ireland originating from Ireland are exempt from ETAs. That would cover everybody and would fit with the common travel area.

As for policing and justice, the Patten reforms, although a lot of the talk was about symbols, flags, etc., had as its central message that policing is the protection of human rights, and a whole oversight framework is built around that. The Human Rights Act came in shortly after the Good Friday Agreement, and all the work the policing board does is built on monitoring compliance of that Act. It enabled police reform to such a degree - and I had an up-close look at this for a number of years - that successive chief constables said there should be greater human rights protection, not less, and argued for more codification, not discretion without a framework of principles.

The commission has jurisdiction in respect of older people. Of course, the fact that they are older does not mean they are not human beings for the purposes of the Human Rights Act. That is the beauty of human rights. They apply regardless of age or any other status. We are looking at the inquiry into the response to Covid and the use of care homes, etc. The older persons' commissioner has a particular remit, but we can bring cases based on discrimination or based simply on breach of human rights. An older person, even without the capacity to live independently, still has human rights, the same way as an 18-year-old or 19-year-old fit young man or woman has. That is how we approach it. The same point is made about refugees. They are simply human beings who happen to be in the jurisdiction of somewhere that is bound by the convention, so they are entitled equally as everybody else. That is the nature of human rights and why it is so important, going back to the very start of this, that human rights are respected as universal, not as a hierarchy.

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