On the 60th anniversary of the announcement of the Universal Declaration of Human Rights it is a pity that the rights agenda has been so feebly and ridiculously hijacked by Monica McWilliams and her Bill of Rights. The commission is split over the issue with Daphne Trimble and Jonathan Bell vocally dissenting against the bill and its easy to see why. If the assembly adopts this it would simply become the longest suicide note in history
Monica McWilliams had two choices when drafting this bill. Either she could make a sensible and moderate suggestion to cater the principles of the Human Rights Act to our special local situation or she could propose a ridiculously radical document in a feeble attempt to advance the human rights agenda in a way that would be utterly rejected at the ballot box.
For me there are 2 tests that the Bill of Rights has to satisfy before I can even consider supporting it. The First test is whether or not the Bill of Rights will move power away from democratically elected politicians to unelected judges. The second is whether or not proposals like this would be accepted in the UK.
The first test is failed in a style so monumental and grand that it brings to mind images of a lead titanic. Judges will be given a range of overarching powers including the ability to decide what constitutes a fair wage, they can strike down assembly or Westminster legislation. They can force the Assembly or Westminster to legislate on demand. In effect this Bill of Rights grants the Judiciary such vast legislative power that the NI Judiciary would effectively be the legislature. A Judicial dictatorship.
This would also undoubtably rewrite Northern Irelands constitutional position. With this acts passage the Act of Union becomes a legal fiction. Northern Ireland would become a place apart in the UK. The Bill of Rights grants Judges the power to rule whether or not a raft of UK legislation can apply to Northern Ireland. This is so disgraceful it is simply mindboggling.
There is also the issue of the effective devolution of social policy from ministers to the courts. Under the new bill (p33) ridiculously extends the grounds on which people cannot be discriminated on. These grounds are now (deep breath)
“race, membership of Irish traveller community, colour, ethnicity, descent, sex, pregnancy, maternity, civil, family, or carer status, language, religion or belief,political or other opinion, birth, national or social origin, nationality, economic status, association wit a minority, sexual orientation, gender, identity, age, disability health status , genetic or other pre-disposition toward illness. Irrelevant criminal record, property or a combination of any of these grounds, on the basis of characteristics associated with any of these grounds, or any other status (So judges can add to this list as they like).
It would be easier (and shorter) to just name the 1.7 million odd people in Northern Ireland.
Page 108 legislation must be enacted to recognise all the victims of the NI conflict and to ensure that their rights are protected". Erm bill of wrongs anyone
p. 116 - "everyone has the right to an adequate standard of living sufficient for that person and their dependents". Who decides oh yeah the judges. What is an adequate standard of living, what is sufficient.
P.121 - "everyone has the right to work, which includes the right to the opportunity to gain their living by work which they freely choose or accept". What does this mean for welfare reform? Will the government have to create a job for everyone who wants one?
P. 124 - "workers have the right to strike and the right to engage in collective bargaining". There is later clause which allows Judges to pick and choose which UK labours laws apply here. This would undo the trade=2 0union reforms of the 1980s which were maintained by Blair.
p. 128 - "everyone has the right to social security ..." Do we really want judges deciding on the balance that needs to be struck on social security issues? Have they any idea of budgetary constraints or the need for extra tax to be raised for it
I think the first test of whether it will de-democracise the exercise of power has been answered. My answer to the second test can also be easily found
http://www.guardian.co.uk/politics/2008/nov/04/rights-bill-jack-straw0A
Labour ministers have seen something not a million miles away from this to be introduced to Britain and they told Jack Straw to stuff it because it was undemocratic and gave vast powers to Judges. Case closed for me I’m afraid.
What they have done is stuck to a highly politicised agenda which doesn’t address issues specific to Northern Ireland. This Bill amounts to nothing more than a wish list by McWilliams for a “wouldn’t it be lovely NI” were everyone has a job and a reasonable standard of living but no provision has been given how this will be achieved or who will pay for it. Another result will be that a decade on Northern Ireland is no closer to a reasonable Bill of Rights that will be accepted by all sides. All this will do is increase political division in and already fragile assembly and result in the binning of 10 years of work.