Law planned for North 'unjust'

Powers preventing the Northern Ireland Human Rights Commission from raising questions about the intelligence services were today criticised by a committee of MPs and peers.

The Joint Committee on Human Rights said the measures contained in the Justice and Security (Northern Ireland) Bill would be a “severe blow” to the work of the organisation.

It also claimed proposed restrictions that could prevent the commission from compelling evidence and accessing places of detention were “unjustifiable” and were “far too onerous” to enable it to protect the human rights of those held in custody.

The committee added that there were not sufficient safeguards against the “arbitrary exercise” of the Director of Public Prosecution’s power to certify juryless trials and extra powers for the police and military may be incompatible with human rights legislation.

The report was issued by the committee as the Bill progresses through the British parliament. The Bill follows progress made by paramilitary ceasefires, general improvements in the security situation and last year’s St Andrews Agreement which provides a timetable for the restoration of the Northern Ireland Assembly.

A key feature of the legislation is jury reform and a shift away from non-jury Diplock courts towards a presumption of jury trials for indictable offences.

However, this is subject to a fall-back arrangement for “exceptional” cases when the Director of Public Prosecutions will issue a certificate stating that trial is to take place without a jury.

The Bill extends the Security Industry Authority’s remit to the North and increases some of the powers of the Northern Ireland Human Rights Commission, in particular enabling it to institute or intervene in human rights legal proceedings. It also retains search, arrest and entry powers for British troops.

However, the committee said of the measures relating to the intelligence services: “We recognise and accept the need to protect information, the disclosure of which could affect national security.

“However we agree with the NIHRC that there should be no blanket ban preventing it from raising questions about the intelligence services in its investigations.

“In the context of Northern Ireland, such a limitation would be a severe blow to the credibility and effectiveness of the commission in protecting and promoting human rights.”