9. Further memorandum from the Committee
on the Administration of Justice
Thank you for informing us of the latest call
for evidence with regard to a Commission for Equality and Human
Rights. As you will be aware, the Committee on the Administration
of Justice (CAJ) has made submissions to earlier inquiries by
the Joint Commission on Human Rights into the appropriate institutional
arrangements to protect and promote human rights.
CAJ's remit is restricted to Northern Ireland,
and we believe that the remit of the proposed Commission for Equality
and Human Rights, whatever its jurisdiction in Britain, will not
extend to Northern Ireland, where we already have two distinct
bodies (the NI Human Rights Commission and the Equality Commission
for Northern Ireland). If we are mistaken in this regard, we would
be most grateful if you would inform us accordingly; otherwise
we imagine that our sister organisation (Liberty) is better placed
to engage with the inquiry and advise.
Indeed, we think it might even be advisable
for the Joint Committe to explicitly indicate that in general
its final proposals with regard to the future Commission for Equality
and Human Rights will not apply to Northern Ireland. Obviously,
since the Joint Committee has looked at the Northern Ireland agencies
in its earlier deliberations, and has carried out a detailed specific
study of the work of the Northern Ireland Human Rights Commission,
there may be some learning across the UK. This previous work will
however have made Committee members very aware that the creation
of the two institutions in Northern Ireland has a very distinct
genesis than anything likely to be created for England and Wales.
The two bodies, moreover, have distinct powers, authority, and
agendas from each other. CAJ thinks that it would be highly unfortunate
if others—because of a lack of sympathy with the extant
institutions, or for reasons of cost-saving—misused the
Committee's findings about the protection and promotion of equality
and human rights in Britain to undermine the advances made in
Northern Ireland. Any overly simplistic read-across of this kind
could be avoided by a clear reference to the distinctiveness of
the jurisdictions.
The creation of distinct and different entities
in the different jurisdictions of course in no way undermines
the need for close liaison between them in matters of common interest—quite
the reverse. In earlier submissions, CAJ commented on the need
for close liaison between all relevant bodies when developing
UK-wide responses to international treaty mechanisms etc (see
our submission to the Joint Committee, printed in the 22nd report
of Session 2001-02 HL 160/HC 1142, Ev 174-178).
9 March 2004
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