Justice and Security (Northern Ireland) Bill

Amendment No. 24 would leave out clause 19, which restricts the Northern Ireland Human Rights Commission by preventing it from investigating any matters arising before 1 August 2007. Government amendments Nos. 26 and 27 are welcome as they put back the date from which the Human Rights Commission can start investigating from 1 January 2008 to 1 August 2007. However, I question whether they go far enough, because even with them, clause 19 would prevent the commission from compelling evidence, or accessing a place of detention for the purpose of investigating any matter, relating to the period before 1 August 2007. Indeed, the clause goes even further than that, as it prevents the commission from requiring the production of any document created before 1 August even if it is directly relevant to a human rights violation that exists or arises after 1 August. The effect of the time limit is severe in relation to the gathering of evidence. Many human rights violations can be investigated effectively only by looking into events, and at information, that arose in the period before the violation occurred. My concern is that under the clause, in practice the commission might not be able to use its powers to any great effect for several years to come.