NI: Review: Civil Liberties Handbook
01 September 1993
The Committee on the Administration of Justice (CAJ) has published the second edition of its handbook Civil Liberties in Northern Ireland. As Lord Scarman points out in the foreword, this is not a campaigning book but a guide to "the scale of law governing civil rights and liberties and the provision of essential social services". The Handbook is more than this, however. As Brice Dickson's introduction makes clear, the book is written in the spirit of a human rights tradition which regards a Bill of Rights for Northern Ireland as "a prerequisite to permanent peace and justice". CAJ believes that the European Convention on Human Rights is not an adequate basis for the protection of human rights. It has therefore produced a draft Bill of Rights for Northern Ireland on the understanding that this will increase people's confidence in the administration of justice. The handbook, then, has a critical edge to it which gives the reader a good sense not only of the limitations of existing legal positions but also of the current points of friction and contest.
The handbook is an impressive collection. Eight of the chapters cover social rights and legal provisions regarding discrimination. Given that many provisions in these fields are unique to Northern Ireland, for example Fair Employment law, it is important to have a single, accessible source. There is a case, however, for gearing the social rights chapters more towards both what is unique about Northern Ireland law and situations which typically arise in the jurisdiction and for people from the jurisdiction, particularly for those on the receiving end of the criminal justice system. For example, the social security chapter could usefully discuss the rights of Irish citizens to British social security and vice versa, and go into financial assistance for such things as personal security and prison visits in British and Irish jurisdictions. There is a case for having a chapter devoted to children's rights although bits and pieces do appear under other headings. The rights (or lack of them) of unemployed people on various "training" schemes, some of which are again unique to the North, is a significant omission given the path-breaking work of the London based Unemployment Unit in this area. Similarly there is little in the handbook on rights in relation to health services and mental health.
The strength of the book lies in the chapters on the powers of the British Army and the RUC, the questioning of suspects, prisoners' rights, remedies and complaints procedures, meetings and demonstrations, freedom of expression and access to information. The only criticism in these areas is that some topics could be more developed. Given the centrality of electronic media, for example, more could be said regarding the provisions of the Independent Television Commission's code of practice. In future editions it would be useful to have appendices carrying relevant extracts from PACE and Emergency Powers Act codes of practice, and prison Standing Orders however vague these may be. On a more general point, the bibliography is narrow and legalistic and could be expanded to include more analytical and campaigning literature. This would broaden the book's readership and help human rights activists to identify how various powers and provisions mesh together, as well as getting to grips with the underlying politics of the law.
CAJ's handbook is essential reading and a key source of reference for anyone concerned with human rights in the North of Ireland and how developments in this jurisdiction relate to the Irish Republic, Britain and the broader European picture. At £6.00 for 390 pages, it is exceptional value. It is available from CAJ at 45-47 Donegall Street Belfast BT1 2FG (0232 232394/333522).