Mimimal bill of rights needed

Whatever you think of Nigel Dodds, or indeed his party this speech given yesterday is probably one of the most substantive statements made by any Northern Ireland politician on the subject of Human Rights. It provides some support to Eammon McCann’s argument that personal attacks on the chief commisioner were misplaced; that Dickson’s problems lie in the fact that commission has raised huge expectations that it cannot hope to fulfill.

Speech by Nigel Dodds MP on the way forward for the Human Rights Commission

�Tinkering with the membership of the Human Rights Commission in the face of pressure from nationalists ignores the fundamental problems with the organisation.

The real issue is not Brice Dickson or his handling of the Holy Cross dispute; it is the very basis of the Human Rights Commission itself. Only a fundamental re-examination of the provisions in the Belfast Agreement dealing with Human Rights and equality issues and their implementation can provide a constructive way forward.

From its inception the Human Rights Commission has been dogged by controversy. It has proved to be neither representative in its membership, nor balanced in the issues it chooses to get involved with. Time and again it has strayed far beyond its legitimate role and has now consigned itself to little more than a left-wing pressure group which has fallen out with its natural allies. This is no recipe for long term success.

Instead of working to deal with legitimate local concerns about Human Rights, the Human Rights Commission has interfered in areas where they have no legitimate concern. For example, how can the Northern Ireland Human Rights Commission justify condemning the UK role in the war in Iraq? Indeed how can it justify passing any comment on this issue? Apart from the fact they had said little about the suffering of the Iraqi people under Saddam does such an intervention really represent value for money?

Why has Human Rights Commission become involved in the debate over the future of the 11+? Can there be any clearer example of an issue which is properly the preserve of the democratic process?

The Secretary of State should make sure that the Human Rights Commission remains firmly within the boundaries which Parliament has set and not seek to extend its remit. It is not the job of the Human Rights Commission to agitate for social change but to seek to protect human rights. Not a single member of the Human Rights Commission has been elected to the position which they presently hold yet they seem to feel that they can dip in and out of the political process.

They comment on issues over which they have no legitimate interest, yet seem to have little to say about the clear and accepted discrimination against Protestants who wish to join the Police Service.

There are few bodies in Northern Ireland which can be said to be less representative than the Civic Forum but the Human Rights Commission certainly falls into this category. It is surprising that an organisation with almost as fast an exit rate of members as Big Brother, still has not had a single member who could be said to be against the Belfast Agreement. This is a glaring omission and an indictment of the balance of the organisation.

Its draft bill of rights for Northern Ireland was a charter for interference with the democratic process and sought to usurp the rights of the electorate. No one opposes the notion of basic human rights but the way the Human Rights and Equality agenda have been implemented has proved to be a huge drain on government resources with little or nothing to show in return. Enormous sums of money have been ploughed into wasteful analysis and consultation to show that which was apparent to anyone.

For too long in Northern Ireland human rights have been seen to be the preserve of the nationalist community. Indeed, it is ironic that some of the people who talk most about human rights today are the very people who have done most to deny basic human rights over the past thirty years. Unionists should engage in the human rights debate, not the unrepresentative agenda set down by others but to chart our own course. To set out a vision where fundamental rights are fully protected and political choices remain firmly within the democratic arena.

Human Rights should be about protecting individual freedoms not seeking to dictate to a democratically elected administration. It must be for the legislature and not the judiciary to determine the kind of society in which we live. Instead however we have would-be politicians tinkering with issues they have no right to be involved in.

The problems with the Human Rights Commission are clear. Its membership is unrepresentative and its role is not sufficiently defined or limited. But the blame should not all fall on the Human Rights Commission. It is a product of its creation. We should not be surprised when many of those who have criticised the government over the years and pressed for social change take the opportunity to exert their powers and extend their influence.

The problem may be messy but the answer is simple even if its implementation must be delayed. What is needed is the Secretary of State�s powers concerning the Human Rights Commission devolved to a future assembly.

This could not happen with the unaccountable structures set up under the Belfast Agreement but with a new form of devolution which is democratic, fair and accountable much greater potential exists for representatives elected in Northern Ireland dealing with these matters directly.

Rather than being appointed by and reporting to the Secretary of State responsibility for the Human Rights and Equality Commission should rest with the Northern Ireland Assembly. Rather than being left to criticise from the sidelines local politicians should be given the job of dealing with these bodies, determining their statutory basis and then let the Commissions get on with their job.

A body which has the support and endorsement of both the unionist and nationalist community is much more likely to succeed in getting things done than one which has neither. It is far better for unionists to be involved in setting the course for the Human Rights Commission than merely being able to criticise but not change a body which has done us no favours.

We must take forward our vision on the proper role for rights. Basic rights for people in Northern Ireland are already protected through the European Convention on Human Rights. These are the same rights as are afforded every other citizen in the United Kingdom. It is critical that any extension of these rights commands widespread support across the community and does not interfere with the democratic rights of the electorate. In the absence of exceptional circumstances there is no good reason that citizens in one part of the United Kingdom should have rights substantially different than in another.

When drafting a bill of rights we must also remember that virtually every right will come with a cost. Some rights are so fundamental the cost must be paid but others will be much less clear. Let me make this absolutely clear � where a fundamental and undeniable right exists any Human Rights Commission should be sufficiently resourced to ensure that the right can be protected but when a balancing of rights and costs is involved it is for democratically elected politicians to determine how such dilemmas are resolved. The balance in such cases may shift over time but the shift must reflect the view of the community not an unelected elite in society.

Five years after the Belfast Agreement little progress has been made in this area despite the fact that there is general agreement between the parties that a bill of rights in some form would be desirable. Clearly there are likely to be significant areas of difference between people in Northern Ireland as to the scope of a Bill of Rights but some measure of agreement would be possible.

It would be far better if a bill of rights � even of a limited nature � was passed than to continue the futile quest for a more extensive Bill of Rights which will never command the support of a majority of people in Northern Ireland.

The current Human Rights Commission will undoubtedly limp on for the time being but without the fundamental changes which are needed it will never gain the acceptance of the unionist community or play the role that it should.�

Mick Fealty

Mick is founding editor of Slugger. He has written papers on the impacts of the Internet on politics and the wider media and is a regular guest and speaking events across Ireland, the UK and Europe. Twitter: @MickFealty