Northern Ireland Act 1998

69 The Commission’s functions. U.K.

(1) The Commission shall keep under review the adequacy and effectiveness in Northern Ireland of law and practice relating to the protection of human rights.

(2) The Commission shall, before the end of the period of two years beginning with the commencement of this section, make to the Secretary of State such recommendations as it thinks fit for improving—

(a) its effectiveness;

(b) the adequacy and effectiveness of the functions conferred on it by this Part; and

(c) the adequacy and effectiveness of the provisions of this Part relating to it.

(3) The Commission shall advise the Secretary of State and the Executive Committee of the Assembly of legislative and other measures which ought to be taken to protect human rights—

(a) as soon as reasonably practicable after receipt of a general or specific request for advice; and

(b) on such other occasions as the Commission thinks appropriate.

(4) The Commission shall advise the Assembly whether a Bill is compatible with human rights—

(a) as soon as reasonably practicable after receipt of a request for advice; and

(b) on such other occasions as the Commission thinks appropriate.

(5) The Commission may—

(a) give assistance to individuals in accordance with section 70; and

(b) bring proceedings involving law or practice relating to the protection of human rights.

(6) The Commission shall promote understanding and awareness of the importance of human rights in Northern Ireland; and for this purpose it may undertake, commission or provide financial or other assistance for—

(a) research; and

(b) educational activities.

(7) The Secretary of State shall request the Commission to provide advice of the kind referred to in paragraph 4 of the Human Rights section of the Belfast Agreement.

[F1 (8A) The Commission shall publish a report of its findings on an investigation.]

(8) For the purpose of exercising its functions under this section the Commission may conduct such investigations as it considers necessary or expedient.

(9) The Commission may decide to publish its advice and the outcome of its research F2 . . . .

(10) The Commission shall do all that it can to ensure the establishment of the committee referred to in paragraph 10 of that section of that Agreement.

[F3 (10A) For functions of the Commission in relation to Article 2(1) of the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement (rights of individuals), see sections 78A to 78E.]

(11) In this section—

(a) a reference to the Assembly includes a reference to a committee of the Assembly;

(b) “human rights” includes the Convention rights.

Textual Amendments

F1 S. 69(8A) inserted (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 18(1), 53; S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3)

F2 Words in s. 69(9) omitted (1.8.2007) and repealed (prosp.) by virtue of Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 18(2), 50, 53, Sch. 7; S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3)

F3 S. 69(10A) inserted (31.12.2020) by European Union (Withdrawal Agreement) Act 2020 (c. 1), s. 42(7), Sch. 3 para. 4 (with s. 38(3)); S.I. 2020/1622, reg. 5(i)

Modifications etc. (not altering text)

C1 S. 69(2) modified (1.8.2007) by Justice and Security (Northern Ireland) Act 2007 (c. 6), ss. 19, 53; S.I. 2007/2045, art. 2(2)(3)(j) (with art. 3)

Commencement Information

I1 S. 69 wholly in force at 2.12.1999; s. 69 not in force at Royal Assent see s. 101(3); s. 69(1)-(3) in force for specified purposes and 69(6)-(11) in force at 1.3.1999 by S.I. 1999/340, art. 2(3), Sch. Pt. 3; s. 69(5) in force at 1.6.1999 by S.I. 1999/340, art. 2(5), Sch. Pt. 4; s. 69(4) in force and s. 69(3) in force insofar as not already in force at 2.12.1999 by S.I. 1999/3209, art. 2, Sch.