Justice and Security (Northern Ireland) Bill

I shall speak to Amendments Nos. 21, 26 and 28 tabled in my name and that of my noble friend Lord Smith of Clifton. Amendment No. 21 is consequential on Amendment No. 20, while Amendments Nos. 26 and 28 employ a similar argument in relation to national security. The new provision prevents the NIHRC considering in an investigation whether an intelligence service has acted or is acting in a way incompatible with a person’s human rights or other matters concerning human rights in relation to an intelligence service. The NIHRC identifies three key issues arising from the provisions of the Bill: restrictions on the use of evidential powers, including national security exclusions, fettering of access to places of detention, and the time limit on using new powers. The NIHRC argues that the provision in the Bill enabling the recipient of a notice that the commission may issue requiring the production of evidence to apply to a county court for cancellation of the notice would not add to the protection of human rights, and cites the UN Paris principles in support of its view that national human rights institutions should be able to take action falling within their competence, subject to responsible use of their powers, as determined in this case against the ordinary threshold of judicial review. I also cite the recent report by the Police Ombudsman for Northern Ireland into allegations of collusion between the police and their informants, which said: "““It is essential that in the arrangements for the future strategic management of national security issues in Northern Ireland, there will be accountability mechanisms which are effective and which are capable of ensuring that what has happened here does not recur””." These amendments seek to ensure that accountability.