Government must not lose sight of human rights and equality protections under the Ireland/Northern Ireland Protocol, Lords warn
Monday 25 October 2021
The House of Lords Protocol on Ireland/ Northern Ireland Sub-Committee has urged the Government to commit to upholding the Article 2 provisions and the dedicated mechanism for their implementation “come what may”.
Article 2 of the Protocol, on rights of individuals, commits the Government to ensuring no lowering of the rights, safeguards and equality of opportunity provided by the Belfast/ Good Friday Agreement, which are underpinned by EU obligations, including EU treaties, Directives and Regulations, in place at the end of the Brexit transition period.
The Committee heard from witnesses from the Northern Ireland Human Rights Commission and the Equality Commission for Northern Ireland who have responsibility for monitoring, advising and reporting on the implementation of Article 2, as part of the dedicated mechanism framework, in effect since 1 January of this year.
They stressed the importance of upholding the Article 2 commitments, particularly against a backdrop of continuing tensions between the UK and the EU over the Protocol. In addition, they highlighted that if there were a roll back of rights in Northern Ireland, citizens in Northern Ireland could have progressively fewer rights than those on the other side of the border, which could be extremely corrosive for the Belfast/ Good Friday Agreement.
In a letter to Brandon Lewis, Secretary of State for Northern Ireland, the Committee emphasised the necessity for Article 2 in ensuring that human rights and equality protections are not diminished following the UK’s withdrawal from the EU.
The Committee also called on the Government to do more to clarify the scope of Article 2 and to ensure that the Commissions have adequate and continuing support to fulfil their role and help increase public awareness of Article 2 and the dedicated mechanism.
The Committee further encouraged the Government to foster engagement with equality and human rights stakeholders and civil society groups in Northern Ireland and emphasised the importance of engagement between human rights and civil society stakeholders, and the UK Government and EU institutions.
Lord Jay of Ewelme, Chair of the Protocol on Ireland/Northern Ireland Sub-Committee, said:
“Discussions about the Protocol have been dominated by trade, which has meant that the important issue of human rights and equality protections, protected under Article 2, have been overlooked.
“But the Government must not lose sight of Article 2 and of the importance of ensuring that the rights of women, disabled people, older people and people from different communities are protected.
“We also call on the Government to make a public commitment to upholding provisions of Article 2 and the dedicated mechanism for their implementation come what may."
