Lord Lester of Herne Hill – 2015 Parliamentary Question to the Ministry of Justice

The below Parliamentary question was asked by Lord Lester of Herne Hill on 2015-11-23.

To ask Her Majesty’s Government, further to the Answer by Lord Faulks on 18 November (HL Deb, col 133), what is their assessment of whether they have the power under section 26 of the Northern Ireland Act 1998 to give direction to the devolved institutions in Northern Ireland to secure their compliance with the European Human Rights Conventions; and whether the Secretary of State has considered exercising any such power to secure full compliance in Northern Ireland with its obligations under the Convention in relation to equal marriage, blasphemy and defamation.

Lord Faulks

Under section 26 of the Northern Ireland Act 1998 (NIA) the Secretary of State may by order direct that action be taken by a Northern Ireland Minister or department if required for the purpose of giving effect to international obligations. However, international obligations in this context are defined as “any international obligations of the United Kingdom other than obligations to observe and implement EU law or the Convention rights” (Section 98 of the NIA). As such, the power under section 26 cannot be used for the purpose of bringing about action in Northern Ireland to comply with the European Convention on Human Rights.