Human Rights Act: Tory pledge to scrap law 'breaches NI peace deal'

A Belfast-based human rights organisation has written to Northern Ireland Secretary of State Theresa Villiers asking for urgent clarification on the implications of the Tory pledge for the 1998 Good Friday Agreement

The government's pledge to scrap the Human Rights Act would be a "flagrant breach" of the Good Friday Agreement, a human rights organisation has said.

Scrapping the act and replacing it with a British Bill of Rights was a Conservative election manifesto pledge.

But the Committee on the Administration of Justice (CAJ) said the move would "significantly roll back" Northern Ireland's peace settlement.

The Ministry of Justice said the plan would be discussed in due course.

'Deeply concerning'

The CAJ, Belfast-based human rights group, said it has written to the Northern Ireland secretary of state asking for "urgent" clarification.

In a separate statement, Les Allamby, the chief commissioner of the Northern Ireland Human Rights Commission (NIHRC), described the plan as "deeply concerning".

The Conservative Party's 2015 manifesto states: "The next Conservative government will scrap the Human Rights Act, and introduce a British Bill of Rights. This will break the formal link between British courts and the European Court of Human Rights and make our own Supreme Court the ultimate arbiter of human rights matters in the UK."

The Good Friday Agreement, an international treaty signed by the British and Irish governments in 1998, marked a significant moment in the peace process and paved the way for the return of devolved government in Northern Ireland.

In its statement, the CAJ said: "The Tories have committed to plans to repeal the Human Rights Act 1998 which incorporates the European Convention on Human Rights (ECHR) into UK law, including Northern Ireland law, within 100 days of taking office."

'International outlaw'

The human rights group said that it wrote to Theresa Villiers on Monday, the day she was reappointed as secretary of state for Northern Ireland, to ask about her new government's intentions in respect of ECHR.

CAJ's director Brian Gormally said: "The secretary of state should urgently clarify the government's position as to whether it intends to breach the Belfast/Good Friday Agreement in this way.

"Such a step would make the UK an international outlaw and significantly roll back the peace settlement in Northern Ireland."

Les Allamby, the chief commissioner of the Northern Ireland Human Rights Commission, warned that the move could "undermine a foundation stone of the Northern Ireland peace process"

In his statement, the NIHRC's chief commissioner said: "The Belfast (Good Friday) Agreement committed the UK government to incorporate the European Convention on Human Rights into Northern Ireland law, with direct access to the courts, and remedies for breaches of the convention. The Human Rights Act fulfilled this commitment.

"The commission has repeatedly advised against a move which can only serve to undermine a foundation stone of the Northern Ireland peace process, reduce hard won protections for everyone living in the UK, and damage the state's international reputation," Mr Allamby added.

The BBC asked Ms Villiers for a response to the concerns raised by human rights organisations, but the Northern Ireland Office referred the query to the Ministry of Justice in London.

In a brief statement, a Ministry of Justice spokesperson said: "The government was elected with a manifesto commitment to replace the Human Rights Act with a British Bill of Rights. Ministers will be discussing their plans on this and making announcements in due course."

'Abused by criminals'

Sinn Féin's Caitriona Ruane described the government's plans as "deeply worrying".

"Unfortunately, however, it is not surprising coming from this Tory government," she said.

"Theresa Villiers is fond of telling locally elected politicians on the need to implement agreements, but seems to be oblivious to the fact that scrapping the Human Rights Act would result in a breach of the Good Friday Agreement."

However, the DUP's Jeffrey Donaldson said his party had long been critical of the Human Rights Act and the way in which it has been interpreted by the European Court of Human Rights.

"The Human Rights Act has been abused by criminals and terrorists who have used spurious challenges to avoid deportation," he said.

"It has failed to adequately protect the rights of innocent victims. We want to see laws which assist victims secure justice rather than enabling perpetrators avoid justice."

Stewart Dickson of the Alliance Party said he would urge Prime Minister David Cameron "against making dangerous decisions such as the proposed removal of the Human Rights Act".