Northern Ireland Bill

Northern Ireland Bill - continued	House of Commons

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	PART VI
	HUMAN RIGHTS AND EQUAL OPPORTUNITIES
	Human rights
The Northern Ireland Human Rights Commission.	54. - (1) There shall be a body corporate to be known as the Northern Ireland Human Rights Commission.
	(2) The Commission shall consist of a Chief Commissioner and other Commissioners appointed by the Secretary of State.
	(3) In making appointments under this section, the Secretary of State shall as far as practicable secure that the Commissioners, as a group, are representative of the community in Northern Ireland.
	(4) Schedule 8 (which makes supplementary provision about the Commission) shall have effect.
The Commission's functions.	55. - (1) The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.
	(2) The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights-
	(a) as soon as reasonably practicable after receipt of a general or specific request for advice; and
	(b) on such other occasions as the Commission think appropriate.
	(3) The Commission shall advise the Assembly whether a Bill is compatible with human rights-
	(a) as soon as reasonably practicable after receipt of a request for advice; and
	(b) on such other occasions as the Commission think appropriate.
	(4) The Commission may give assistance to individuals in accordance with section 56.
	(5) The Commission shall promote understanding and awareness in Northern Ireland of the importance of human rights; and for this purpose they may undertake, commission or provide financial or other assistance for-
	(a) research; and
	(b) educational activities.
	(6) The Secretary of State shall request the Commission to provide advice of the kind referred to in paragraph 4 of the Human Rights section of the Belfast Agreement.
	(7) The Commission shall do all that they can to facilitate the establishment of the committee referred to in paragraph 10 of that section of that Agreement.
	(8) In this section-
	(a) a reference to the Assembly includes a reference to a committee of the Assembly;
	(b) "human rights" includes the Convention rights.
Assistance to individuals.	56. - (1) This section applies to proceedings-
	(a) which an individual in Northern Ireland has commenced, or wishes to commence, under the Human Rights Act 1998; or
	(b) in the course of which an individual relies, or wishes to rely, on section 7(1)(b) of that Act.
	(2) Where the individual applies to the Northern Ireland Human Rights Commission for assistance in relation to proceedings to which this section applies, the Commission may grant the application on any of the following grounds-
	(a) that the case raises a question of principle;
	(b) that it would be unreasonable to expect the individual to deal with the case without assistance because of its complexity, or because of the individual's position in relation to another person involved, or for some other reason;
	(c) that there are other special circumstances which make it appropriate for the Commission to provide assistance.
	(3) Where the Commission grants an application under subsection (2) they may-
	(a) provide, or arrange for the provision of, legal advice;
	(b) arrange for the provision of legal representation;
	(c) provide any other assistance which they think appropriate.
	(4) Arrangements made by the Commission for the provision of assistance to an individual may include provision for recovery of expenses from the individual in certain circumstances.
Restrictions on application of rights.	57. - (1) Nothing in section 6(2)(d) or 19(1) shall enable a person-
	(a) to bring any proceedings in a court or tribunal; or
	(b) to rely on any of the Convention rights in any such proceedings,
	in respect of an act unless he would be the victim for the purposes of article 34 of the Convention if proceedings in respect of the act were brought in the European Court of Human Rights.
	(2) Subsection (1) does not apply to the Attorney General, the Attorney General for Northern Ireland or the Lord Advocate.
	(3) Sections 6(2)(d) and 19(1)-
	(a) do not apply to an act which, by virtue of subsection (2) of section 6 of the Human Rights Act 1998, is not unlawful under subsection (1) of that section; and
	(b) do not enable a court or tribunal to award in respect of an act any damages which it could not award on finding the act unlawful under that subsection.
	(4) In this section "the Convention" has the same meaning as in the Human Rights Act 1998.
Standing Advisory Commission on Human Rights: dissolution.	58. - (1) The Standing Advisory Commission on Human Rights is hereby dissolved.
	(2) The Secretary of State may by order make such supplemental, incidental or consequential provision as appears to him to be appropriate as a result of subsection (1).
	(3) In particular, an order may include provision-
	(a) amending an enactment;
	(b) for the transfer of rights and liabilities;
	(c) for payments into the Consolidated Fund or to a specified person.
	Equal opportunities
The Equality Commission for Northern Ireland.	59. - (1) There shall be a body corporate to be known as the Equality Commission for Northern Ireland.
	(2) The Commission shall consist of not less than 14 nor more than 20 members appointed by the Secretary of State.
	(3) The Secretary of State shall appoint-
	(a) one member as chairman; and
	(b) at least one member as deputy chairman.
	(4) In making appointments under this section, the Secretary of State shall have regard to the desirability of the Commission's members, as a group, being representative of the community in Northern Ireland.
	(5) Schedule 9 (which makes supplementary provision about the Commission) shall have effect.

Prepared 15 July 1998