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Bill of Rights is still far away

Thursday, 10 September 2009

Alasdair McDonnell MP, the SDLP deputy leader, was quoted as saying at the recent McCloskey Summer School in Carlingford that people who voted for the Belfast Agreement in both parts of Ireland in dual referendums had endorsed the need for an "expansive Bill of Rights".

Well, they didn't. This is important given the debate on the NIO's impending response to the Human Rights Commission's advice on a possible Bill of last December. Hopes and expectations should not be raised, especially on a false prospectus.

NIHRC was tasked by the Belfast Agreement "to advise on the scope for defining, in Westminster legislation, rights supplementary to those in the European Convention on Human Rights".

The form of this advice was further qualified in that it was "to reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience. These additional rights to reflect the principles of mutual respect for the identity and ethos of both communities and parity of esteem, and - taken together with the ECHR - to constitute a Bill of Rights for Northern Ireland".

The NIO, by asking NIHRC to provide that scoping advice, fulfilled its obligation under the Agreement. Secretary of State Shaun Woodward has said that NIHRC exceeded its brief (but not its statutory remit). That was a matter of serious Agreement-creep which the two dissenting Commissioners pointed out.

The majority voted in the referendums for commissioning advice on a Bill of Rights; not for a Bill; and certainly not for an expansive Bill.

The South Belfast MP and MLA also remarked in his speech that the "SDLP would not stand idly by" if a Bill was deferred or unpicked. We have often been warned that if something was in the Agreement, it had to be implemented. If so, the Agreement's requirements on a Bill of Rights were implemented when NIHRC's advice was handed to Mr Woodward. The rest is now ordinary politics.

JEFFREY DUDGEON

Belfast

Fred Needham I would remind you that many if not most in Quebec are not happy with the status quo nor the 1867 British North America Act and cannot be said to have been "placated" in any sense of the word. There is a huge movement for the recognition of Québec as an independent country due to their differening history, language and culture as compared to English Canada. Victoria Day, the Canadian holiday celebrating the reigning British monarch, is not celebrated in Québec and instead is known, under Québec law, as "la journée nationale des patriotes" - National Patriots Day - commemorating the 1837 rebellion against British rule, indeed the former festival celebrated on Victoria Day, "le Fête de Dollard", which commemorated one of first major French military leaders in New France is still popular in many regions of Québec.

Indeed, the Parti Québécois is actively pushing an independence referendum for 2011. The last one, in 1995, very narrowly failed. 49.5% for, 50.5% against.

Posted by Serge | 11.09.09, 17:03 GMT

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What about a Bill of Responsibilities. There are too many rights around already.

Posted by Thos | 11.09.09, 16:20 GMT

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To placate the French speaking peoples of Canada the then Primeminister(P.E.Trudeau) as part of his constitutional repatriation included a bill of rights. He also in included a notwithstanding clause which allows provinces to opt out. The only people to gain from the bill was again the Lawyers. Never forget Russia had the most extensive bill of rights in the world. Not withstanding the gulags. Canada did not get a referendum and where quite happy with North America act. Which it replaced. Peace order and good goverment

Posted by fred needham | 11.09.09, 13:50 GMT

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Bill of Rights?????????
What about my right to walk safely down my street at any time of the day or night without the fear of being accosted by gangs of feral thugs, drunks, druggies, louts, muggers and young school age lads who swear and spit at you and who fear no one! Will the production of another bit of paper make things better in my area? Perhaps I could wave the bill of rights at them? That would really make them cower and tremble.

Posted by T J McClean | 10.09.09, 15:32 GMT

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