Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I share the Deputy's concern in so far as I acknowledge and reaffirm that the European Convention on Human Rights is a vital element of the peace process. The protection of human rights in Northern Ireland law, specifically incorporating the convention, is one of the key principles underpinning the Good Friday Agreement. The Agreement is clear that there is an obligation to incorporate the European Convention on Human Rights into Northern Ireland law. This is an ongoing legal obligation and it will continue to be in the context of the negotiations surrounding the withdrawal of the United Kingdom from the European Union.

As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles, including in the area of human rights.

On 7 September, the UK Secretary of State for Justice confirmed that the British Government is committed to remaining a party to the European Convention on Human Rights, while also pursuing its 2015 party manifesto plans to replace the UK Human Rights Act with a British Bill of Rights.

The Government has stressed to the British Government the importance of fully meeting its human rights obligations under the Good Friday Agreement.

Most recently, I raised the matter with the Secretary of State for Northern Ireland, Mr. James Brokenshire, MP, at our meeting on 13 September. He confirmed the British Government position that any changes to the UK Human Rights Act would be made in a way which would be fully consistent with the British Government’s obligations under the Good Friday Agreement. In this context I note that while a domestic Bill of Rights can complement incorporation of the convention, it does not replace it. The Government has noted the comments made by the UK Defence Secretary, Mr. Michael Fallon, MP, during the Conservative Party conference earlier this month. The proposal is for the UK to derogate from certain articles of the European Convention on Human Rights in future conflicts. It is important to note that derogations must be compatible with the requirements and limitations set out in the convention and this falls within the jurisdiction of the European Court of Human Rights.

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