Written question asked by Baroness Lister of Burtersett (Labour) on Tuesday, 14 January 2020, in the House of Lords. It was due for an answer on Tuesday, 28 January 2020. It was answered by Lord Duncan of Springbank (Conservative) on Tuesday, 28 January 2020 on behalf of the Northern Ireland Office.

Belfast Agreement

Question: To ask Her Majesty's Government whether, following withdrawal from the EU, individuals will be able to initiate legal proceedings, independent of the Northern Ireland Human Rights Commission or the Equality Commission, if there is an alleged diminution of rights, safeguards or equality of opportunity as set out in the Belfast Agreement; and, if so, how this is provided for in the EU (Withdrawal Agreement) Bill.

Answer: The amendments made, via schedule 3 of the EU (Withdrawal Agreement) Bill, to sections 6 and 24 of the Northern Ireland Act 1998 mean that the Northern Ireland Assembly, ministers and departments will be acting outside their competence or powers if they legislate or act in a way that breaches the “no diminution” commitment; this would be actionable by judicial review in the normal way. The Government also considers that Article 2(1) of the Protocol is capable of direct effect and that individuals will therefore be able to rely directly on this article before the domestic courts. Individuals will be able to bring proceedings independently or, where the case meets certain criteria, with the assistance of the Northern Ireland Human Rights Commission or the Equality Commission for Northern Ireland.

Secondary information

Type: Written question
Reference: HL404
Session: 2019-21
Subjects: Civil proceedings Belfast Agreement Human rights Northern Ireland Brexit
Legislation: European Union (Withdrawal Agreement) Bill 2019-21
Link: View this Written question on www.parliament.uk