To ask Her Majesty's Government whether they fulfilled their obligations under the Northern Ireland Act 1998 regarding a possible Bill of Rights for Northern Ireland when they sought, and in December 2008 obtained, the advice of the Northern Ireland Human Rights Commission. [HL5759]

The 1998 Belfast agreement committed the Government to establish a Northern Ireland Human Rights Commission (NIHRC), which was to be:

“invited to consult and to advise on the scope for defining, in Westminster legislation, rights supplementary to those in the ECHR, to reflect the particular circumstances of Northern Ireland, drawing as appropriate on international instruments and experience”.

The Northern Ireland Act 1998 required the Secretary of State to request the Northern Ireland Human Rights Commission to provide such advice to him and he has done so.

In the 2003 Joint Declaration, the Government noted the significant work undertaken by the NIHRC towards a Bill of Rights for Northern Ireland, and stated that:

“At the conclusion of that process, and after consultation with the parties, the British Government are committed to bringing forward legislation at Westminster where required to give effect to rights supplementary to the ECHR to reflect particular circumstances of Northern Ireland”.

The commission's advice was received on 10 December 2008 and the Government plan to consult publicly on their response to the advice as soon as possible.

To ask Her Majesty's Government further to the Written Answer by Baroness Royall of Blaisdon on 12 October (WA 16–17), whether it is within the functions of the Northern Ireland Human Rights Commission, under Section 69 of the Northern Ireland Act, for it to seek to secure legislative implementation of its advice on a Bill of rights for Northern Ireland; and whether it is permitted to expend its own funds and staff time doing this. [HL5762]

Under Section 69 of the Northern Ireland Act 1998, the Northern Ireland Human Rights Commission (NIHRC) has a wide-ranging remit, including keeping under review the effectiveness and adequacy of law and practice relating to the protection of human rights. The NIHRC is independent of government and is entitled to set its own programme of work, consistent with its statutory functions.