The Other View

Human Rights

A lawyers paradise
or a True Bill

by Eugene Byrne

There is a perception within the republican/nationalist communities that Unionism, whether for historical, political or plain sectarian reasons is opposed to the introduction of a Bill of Rights for the north. Brice Dixon, Chief Commissioner of the Northern Ireland Human Rights Commission has been accused of working off a nationalist agenda. There has been controversy over appointments to the Commission by the Secretary of State and Unionists in general appear to be wincing over the fact that a Bill of Rights should be introduced at all. Recently Stephen King has been overtly critical, describing the Bill as a lawyers paradise and the NIHRC as composed of middle aged commissioners claiming to have some privileged insight to into the hearts of young people. They represent, he maintains, only the claims of interest-groups consulted by the NIHRC. His scathing cynicism epitomises middle unionism's response to change.

Why all the bruhaha? Surely freethinking Ulster Protestants, Presbyterians and Dissenters should welcom such legislation with open arms. After all, is it not compatible with the guaranteeing and guarding of civil and religious liberties for everyone. The Orange Order should embrace the introduction of such legislation; are not civil and religious liberties FOR ALL guaranteed under its own constitution? Is it not compatible with Protestant theological and ideological notions of freedom of expression and the rights of the individual. Is it contrary to notions of the prerogative of popes, cardinals, emperors and monarchs to exercise arbitrary rule over their subjects. A Human Rights Bill in the north is really an extension of civil rights and maybe here is the rub for some Unionists who see future changes in the legislation as in someway acknowledging and atoning for the sins of the past. Strong remnants of the patronising mindset still embellish middle and upper class Unionist thinking.

There is still extant the notion that the old ways are not entirely gone and this hankering after a six county Unionist ancien regime continues to lurk in the dark and dour recesses of an increasingly vibrant siege mentality. On the other hand republicans ostensibly welcome and support all proposed human rights legislation. They see such modes of change as a natural or generic progression towards equal citizenship and fuller participation in the policy and decision making processes of state. For republicans in this case human rights and equality are essentially both sides of the same coin. To unionists they appear to be bones of contention. For armed groups on both sides it will matter little, as they will simply continue to work off their own agendas. Human Rights is as much about attitude as it is about legislation.
There is already a process under way in the south to introduce an all-Ireland Charter of Human Rights to parallel the one in the north. It will not be case of the south adopting the north's Human Rights Bill en bloc. There remain major constitutional differences.

An all-Ireland Charter of Human Rights will be welcomed by minorities throughout Ireland and particularly by the border minorities group who represent the protestant communities in the north/south border region and who feel that they have been existing in splendid isolation since the foundation of both states. They will also be welcomed by the Garda harassed McBrearty family in Donegal. Human rights apply to all and when enshrined in legislation they can be enforced under law. The Bill should not be described as a lawyers paradise. Many lawyers had their easy money paradise under the life-span of the notorious Diplock Courts. Neither are human rights vague concepts whose purpose is to herald the dawning of a new era or a new dispensation. They are real, and Unionists who scorn them should get real. Whatever the communal or political perceptions of the Bill the fact remains that it represents and in many ways is the measure of how far we have travelled along the gravel path of equality and human rights.

Back to Contents