Oireachtas Joint and Select Committees
Thursday, 16 November 2023
Joint Oireachtas Committee on the Implementation of the Good Friday Agreement
Impact of the UK's Illegal Migration Act 2023 on the Good Friday Agreement: Discussion
Mr. Patrick Corrigan:
Our preference would be that the Act would be repealed and replaced with a more humane asylum policy. It does not feel we are about to see that on this side of an election and without an abrupt about-turn in Government policy. For Northern Ireland, the human rights commission's legal challenge may bring some relief and change with respect to the jurisdiction of Northern Ireland, but that remains to be seen and is some time off yet. In the meantime, there are opportunities for the Irish Government to make representations and to see how the UK Government can respond in terms of assurances that can be put into law to protect people in Northern Ireland, to protect the provisions and guarantees of the Good Friday Agreement, and to respect the more recent Windsor Framework agreement and the Article 2 provisions there. The UK has so far failed to do that. It has had ample opportunity because it was asked to do so during the process of the legislation through Parliament. That is something that could still be done. Legislators would not provide for a wider solution on this legislation for the UK as a whole but may provide outs for people in Northern Ireland and others, more broadly, on the island of Ireland.
Some 25 years on, we are still seeking the Northern Ireland bill of rights and charter of rights that would improve the human rights climate and human rights protections on both parts of the island. We think that is more important than ever, particularly as we have seen, over recent years, a pushback against human rights protections in the UK. That has meant particularly negative effects for people in Northern Ireland. We most recently gave evidence to this committee around the legacy Act and how it is reducing rights and access to rights and justice for people in Northern Ireland and further afield. We have seen a degradation and erosion of human rights protections. A Northern Ireland bill of rights and an all-Ireland charter of rights could put in a new level of protection for rights that are particular to the circumstances of people in Northern Ireland, and respect people's positions and opinions and how we want to see rights, going forward. In Scotland and Wales at the moment, we can see moves towards incorporating international human rights standards and treaties into domestic Scottish and Welsh law. They are moving in a very different direction from the Westminster Parliament, which seems to be moving away from that international framework and those international commitments.
It sits with elected representatives in both parts of Northern Ireland to put in place and take forward stronger protections of rights for people here, and I think that can be done.
Ultimately, the UK Parliament, or the UK Government, is sovereign, including over migration and immigration policy, including for Northern Ireland. What can be done with respect to that via Stormont, for instance, is somewhat limited and it requires the UK Government to legislate and the Home Office to deliver policy that respects the rights of people in Northern Ireland. A Northern Ireland bill of rights and an all-Ireland charter of rights are 25 years overdue. We reiterate our call for work to be done in earnest on those new mechanisms and protections.
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