Written question asked by Lord Lester of Herne Hill (Liberal Democrat) on Monday, 23 November 2015, in the House of Lords. It was due for an answer on Monday, 7 December 2015. It was answered by Lord Faulks (Conservative) on Friday, 4 December 2015 on behalf of the Ministry of Justice.

European Convention on Human Rights: Northern Ireland

Question: To ask Her Majesty’s Government, further to the Answer by Lord Faulks on 18 November (HL Deb, col 133), what is their assessment of whether they have the power under section 26 of the Northern Ireland Act 1998 to give direction to the devolved institutions in Northern Ireland to secure their compliance with the European Human Rights Conventions; and whether the Secretary of State has considered exercising any such power to secure full compliance in Northern Ireland with its obligations under the Convention in relation to equal marriage, blasphemy and defamation.

Answer: Under section 26 of the Northern Ireland Act 1998 (NIA) the Secretary of State may by order direct that action be taken by a Northern Ireland Minister or department if required for the purpose of giving effect to international obligations. However, international obligations in this context are defined as “any international obligations of the United Kingdom other than obligations to observe and implement EU law or the Convention rights” (Section 98 of the NIA). As such, the power under section 26 cannot be used for the purpose of bringing about action in Northern Ireland to comply with the European Convention on Human Rights.

Secondary information

Type: Written question
Reference: HL3813
Session: 2015-16
Related items: European Convention on Human Rights: Northern Ireland
Monday, 21 December 2015
Written questions
House of Lords
Subjects: Defamation Devolution Blasphemy European Convention on Human Rights Marriage Northern Ireland
Legislation: Northern Ireland Act 1998
Link: View this Written question on www.parliament.uk