HL Deb 11 December 2001 vol 629 cc197-202WA
Lord Laird

asked her Majesty's Government:

What legal power under the Northern Ireland Act 1998 was used by the Northern Ireland Human Rights Commission when it criticised the United Kingdom's fifth periodic report on the International Covenant on Civil and Political Rights before the United Nations Human Rights Committee at Geneva on 17th to 18th October; and whether the Government have explained to the Northern Ireland Human Rights Commission that an independent foreign policy is not possible under the constitution of the United Kingdom. [HL1280]

The Lord Privy Seal (Lord Williams of Mostyn)

Sections 69(1), (3)(b) and (9) of the Northern Ireland Act 1998 give the Northern Ireland Human Rights Commission a range of powers and duties concerning the provision of advice on the adequacy of law and practice concerning the protection of human rights in Northern Ireland. The commission made its submission to the United Nations Human Rights Committee under these powers.

However, the commission raised this issue in its report to the Secretary of State for Northern Ireland required under Section 69(2) of that Act, requesting that the Act be amended to make explicit reference to such a power. The Government are considering this report and will publish their response early in 2002.

Schedule 2 to that Act makes clear that international relations are an excepted matter.

Lord Laird

asked her Majesty's Government:

Whether they will provide details of the case against the Northern Ireland Human Rights Commission, referred to at point 3.7 in the commission's published minutes of July. [HL1281]

Lord Williams of Mostyn

The name and case reference number are available at the Public Records and Tribunal Office for the public to see.

The case referred to in the minutes is M. Waters v NIHRC, Case Reference number: 75/01 F.E.T.

However, the case referred to in the minutes is an ongoing case and further details are not in the public domain.

Lord Laird

asked Her Majesty's Government:

Whether the staff of the Northern Ireland Human Rights Commission have any responsibility for policy, as indicated by the commission's published minutes of September; and where this power may be found in the Northern Ireland Act 1998. [HL1304]

Lord Williams of Mostyn

The policy of the Northern Ireland Human Rights Commission is set by the commissioners and implemented by the staff.

Lord Laird

asked Her Majesty's Government:

Whether, prior to the recent reappointment of members of the Northern Ireland Human Rights Commission for the next three-year period, these positions had been advertised; if not, why not; and whether a recruitment process had been put in place; and [HL1661]

What opportunity those who aspire to replace the existing commission in 2002 had to apply for membership of the second Northern Ireland Human Rights Commission. [HL1742]

Lord Williams of Mostyn

The Secretary of State for Northern Ireland announced in February 2001 his intention to make further appointments to the Northern Ireland Human Rights Commission and invited applications from people interested in this work. Advertisements were placed in a wide range of national, regional and local newspapers. Over 1,100 expressions of interest were received, resulting in over 500 applications. Four new commissioners drawn from this pool were appointed on 22 November, along with the reappointment of the existing commissioners.

Lord Laird

asked Her Majesty's Government:

Why they reappointed eight of the existing members of the Northern Ireland Human Rights Commission, including the Chief Commissioner, Professor Brice Dickson, on 22 November, even though their current appointments run until 28 February 2002; for how long are the appointments; and how the reappointments comply with the principles of openness and transparency; and [HL1664]

On what date they wrote to the existing commissioners on the Northern Ireland Human Rights Commission offering reappointments (as indicated by the commission's minutes of 10 September); and whether they will place copies of the letters in the Library of the House. [HL1665]

Lord Williams of Mostyn

Although the current appointments of the original commissioners, including the Chief Commissioner, run until 28 February 2002, guidance from the Commissioner for Public Appointments indicates that decisions on reappointment must be taken in a timely manner and in all cases before the current term expires. The Government believe that this is particularly important for a newly established body such as the Northern Ireland Human Rights Commission, where all the initial appointments were due for renewal on the same date.

For this reason, the Secretary of State for Northern Ireland decided it would be appropriate to make a decision about whether or not to reappoint the existing commissioners in advance of the end of their initial term in order to provide some certainty for the commissioners themselves and for the wider public in Northern Ireland.

The Commissioner for Public Appointments code of practice makes clear that reappointments may be made, subject to certain considerations, without the need for an open competition. The reappointments of the Northern Ireland Human Rights Commissioners were made in accordance with that code of practice.

As part of the process of considering whether or not to reappoint the existing commissioners, the Government sought to establish, without prejudice to any offer or reappointment, whether the existing commissioners wished to serve a further term. To this end, officials in the Northern Ireland Office wrote to the existing commissioners on 8 August 2001 asking them to indicate whether or not they were interested in being reappointed. The letter, a copy of which has been placed in the Library of the House, made clear that it did not constitute an offer of reappointment.

Of the eight commissioners who have been reappointed, five (including the Chief Commissioner) have been appointed for a period of three years and three have been appointed for a period of two years.

Lord Laird

asked Her Majesty's Government:

Whether the appointments of 22 November to the Northern Ireland Human Rights Commission are in accord with the code of practice for public appointments; and whether they were approved by the Commissioner for Public Appointments. [HL1743]

Lord Williams of Mostyn

Appointments to the Northern Ireland Human Rights Commission are made in accordance with the code of practice for public appointments issued by the Commissioner for Public Appointments, Dame Rennie Fritchie. The Commissioner for Public Appointments' role is not to approve appointments but rather to regulate, monitor and report on ministerial appointments to public bodies, including the Northern Ireland Human Rights Commission.

Lord Laird

asked her Majesty's Government:

Whether it is the case that there have been no appointments to the Northern Ireland Human Rights Commission from the Ulster Scots community, or from those who for religious reasons do not believe in the concept of human rights. [HL1765]

Lord Williams of Mostyn

None of the members of the Northern Ireland Human Rights Commission has specifically identified themselves either as coming from the Ulster Scots community or as having a religious faith that does not recognise the concept of human rights.

Lord Laird

asked Her Majesty's Government:

Whether they have undertaken to make the Northern Ireland Human Rights Commission representative of the entire community; and, if so, whether this undertaking has been met; and [HL1662]

Further to the Written Answer by the Lord Privy Seal on 3 December (WA72) indicating that appointments to the Northern Ireland Human Rights Commission reflect as far as possible the community in Northern Ireland, whether they will explain what is meant by this; and what parameters were used to make the judgment that the commissioners reflected as far as possible the community in Northern Ireland. [HL1861]

Lord Williams of Mostyn

The Northern Ireland Act 1998 requires the Secretary of State for Northern Ireland "as far as practicable [to] secure that the Commissioners, as a group, are representative of the community in Northern Ireland". The Secretary of State is also obliged to make appointments in keeping with the guidance issued by the Commissioner for Public Appointments, including the principle of appointment on merit. The process is necessarily constrained both by the number of people interested in being appointed and by the extent of their qualifications for appointment.

However, it is clear that the commission includes, for example, both unionists and nationalists, men and women, Catholics and Protestants and people from a range of professional and geographical backgrounds within Northern Ireland. In addition, following the recent appointments, it includes a disabled commissioner and a commissioner with strong links to Northern Ireland minority ethnic communities. It is therefore representative on many grounds.

On that basis, the Government remain satisfied that the Secretary of State has fulfilled both the statutory requirement and the obligation to appointment on merit. These factors will continue to govern the way in which the Secretary of State will make future appointments.

Lord Laird

asked Her Majesty's Government:

What measurement they have used to calculate the success of the work of the Northern Ireland Human Rights Commission and of its individual members. [HL1804]

Lord Williams of Mostyn

The Northern Ireland Human Rights Commission operates independently of government, fulfilling the role set out for it in the Northern Ireland Act 1998 and envisaged in the Belfast agreement. It would be inappropriate for the Government to be measuring the performance of an independent body.

The role of the Chief Commissioner was set out in the original advertisement, which appeared in the press on 24 November 1998:

  • Providing strategic direction and leadership for the commission;
  • Representing the commission in public;
  • Developing and maintaining the commission's external relationships at the highest level; and
  • Accounting for the expenditure of the commission.
The Secretary of State for Northern Ireland has considered whether the Chief Commissioner, Brice Dickson, has fulfilled this role and has concluded that he should be reappointed for a further term.

Performance appraisal of the other commission members is a matter for the Chief Commissioner. In considering whether or not they should be reappointed, the Government sought and received an assessment from the Chief Commissioner of whether or not their performance had been satisfactory.

Lord Laird

asked Her Majesty's Government:

During the assessment of applicants for the vacancy which occurred in the Northern Ireland Human Rights Commission in early 2001, what information was required of each applicant on the monitoring form. [HL1862]

Lord Williams of Mostyn

When the Secretary of State for Northern Ireland announced his intention to make further appointments to the Human Rights Commission, applicants were asked to complete two forms:

The first form, the yellow application form, formed part of the assessment process. Completion was therefore mandatory. The form required candidates to set out how they met the criteria for the post, indicate their previous employment and public appointments history and state any political activity within the past 10 years. It also requested practical details of any special needs requirements for interview.

The second form, the pink monitoring form, did not form part of the assessment process and was processed separately. Its purpose was to monitor the impact of the process on various groups within the nine categories specified in Section 75(1) of the Northern Ireland Act 1998. Completion of this form was not mandatory.

Copies of both forms have been placed in the Library of the House.