Re Northern Ireland Human Rights Commission (Northern Ireland) [2002] UKHL 25

13th May 2002

• UK House of Lords
• Finalised
• Northern Ireland
• Intervenor

The facts of the case

This case was brought by the Northern Ireland Human RightsCommissionthe Commission)in order toconfirmits power tointerveneas a third party.TheCommissionwas set up by section 68 of theNorthern Ireland Act of 1998the Act)with significantlymore extensive powers than the body it replaced, the Standing AdvisoryCommission.

The question of the Commissions powers arose out of the inquest into the victims of a bomb explosion in Omagh in 1998. The Commission wrote to the Coroner in the case raising the matter of human rights principlesin his inquest and stating that it would be appropriate for the Commission to make submissions.Following correspondence and oral submissions as to whether the Commission had power to intervene, the Coroner ruled that the Commission had no statutory power to intervene and that, accordingly,it wouldnotbe permitted to do so. TheCommissionunsuccessfullyappealed this decisionin 2000.

RSIs intervention in the case

RSI (then British Irish Rights Watch) intervened alongside Amnesty International and the Committee on the Administration of Justice(CAJ)in the Court of Appealthe Court).Analysingthe Principles Relating to the Status of National Institutions ParisPrinciples),as well as the Commonwealth Principles, the Intervenors argued that theCommissions powers,especiallythoseat issue in theappeal, complied withboth sets of Principles.TheParisPrincipleswere developed and endorsed at the UN level in the early1990s,andare widely accepted as the benchmark for effective national human rights institutions.The Paris Principles clearly state that national human rights institutionsshould submit to parliament or any other competent bodyopinions, proposals, recommendations, etc. on any matter concerning the protection of human rights.The Intervenors argued that the attempt of the Commission to intervene to assist the Coroner in the Omagh Inquest fell squarely within the parameters of the Paris Principles.

Additionally, the Interveners submitted that theCommonwealthPrinciples, drafted based on the Paris Principles,should also provide guidance in determining the role of the Commission. They affirmedthat theCommonwealthPrinciplesplaceadditionalspecial emphasison the importance of creating effective relationships between national human rightsinstitutions such as the parliament, the executive and the courts.

The judgment in the case

The Courtstated thatthe Actdid not containexpress provisionsallowingthe Commissiontointervene inu201cproceedings or appear as anamicus curiaeeven when human rights issues are under discussion.Additionally, it held that as a purely statutory body,the Commissionhad only those powers given to it.

Nevertheless, the Court held that it was the intention in the Act to extend the powers of the Commission, whose overarching duty was to u201ckeep under review the adequacy and effectiveness in Northern Ireland of law and practice relating tothe protection of human rights.The Actconferredon the Commission general powers to promote the understanding of human rights law and practice and to review its adequacy and effectiveness. The capacity to make (not au201cpower to insiston making) submissions to the Court are incidental to this general power.This difference between power and capacity put the final decision on whether the Commission could intervene with the Court.

What does this mean for our work?

As is illustrated by the numerous cases in which RSI has intervened, the right to third-party intervention in litigation that RSI enjoys isabsolutely crucialto the fulfillment of its mission and completion of its work.In 2002, as today, RSI sees the critical role the international human rights community plays in the creation of strong, independent national human rights institutions. This case demonstrates the way that RSI has been able to work alongside its partner institutions to upholdthe role of human rights defenders in local, national, and international fora.