Oireachtas Joint and Select Committees

Thursday, 10 November 2022

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Northern Ireland Troubles (Legacy and Reconciliation) Bill and the UK Government's Plans around the Human Rights Act: Amnesty International UK

Ms Gr?inne Teggart:

That is a really good question. We are urging the committee today to give the same attention to the Human Rights Act as has been given to the Northern Ireland Troubles (Legacy and Reconciliation) Bill because its implications are far-reaching. The Human Rights Act has been critical to the realisation of rights in our post-conflict society and also critical in legacy cases. We now see it under threat. The Home Secretary has made very clear remarks about her preference for withdrawal from the ECHR. Taking into account how quickly things are subject to change at the minute in British politics, our current assessment is that something as significant as withdrawal from the ECHR would require a mandate.

We do not think that will happen but we will have to wait and see whether the Bill of Rights Bill, which is now set for return, will be as was proposed or if there will be some tweaks to it. We might see something around the Human Rights Act being disapplied in regard to specific issues such as migration, etc. At the minute, the expectation is that it will be the Bill as was, which, in effect, scraps the Human Rights Act. As we know, that Act is the vehicle by which ECHR rights are realised. There is a significant threat posed by the Bill. The Human Rights Act is also the vehicle victims will need to challenge the Northern Ireland Troubles (Legacy and Reconciliation) Bill as well as other rights violations in other contexts.

We need to see the passage and how it will progress through the UK Parliament. We would be concerned,for example, as to whether it will get the same treatment as the Troubles Bill . Will we see another whole-of-House Committee Stage with a short time like two days or something similar? We expect and anticipate that it is coming up for Second Reading imminently. We would like to come back with a dedicated briefing on the Human Rights Act and the Bill of Rights Bill as is proposed and as will be moved and speak to the intricacies of what that Bill will mean in the North of Ireland and across the UK with rights protections. Like the Troubles Bill, the common thread is the undermining and breaching of the Good Friday Agreement by removing direct access to the courts and by removing remedies for breaches of the convention. The Bill is part of the trend we are seeing and that I mentioned, which is about removing accountability for Government and public authorities. It is deeply troubling.

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