Legal and constitutional considerations
Similarly to Scotland and Wales, the Northern Ireland Assembly and Northern Irish Ministers cannot legislate or do any act which is incompatible with Convention rights.191 The Northern Ireland Assembly also has no powers to amend the HRA.192 Similarly to Scotland though, in practice it is likely that any amendment or repeal of the HRA would require the consent of Northern Ireland Assembly with a Sewell motion for the same reasons.
Considerations particular to Northern Ireland
In relation to Northern Ireland, further legal implications arise beyond those for Scotland and Wales. The Good Friday Agreement states that:
‘The British government will complete incorporation into Northern Ireland law of the European Convention on Human Rights, with direct access to the courts, and remedies for breach of the Convention, including power for the courts to overrule Assembly legislation on grounds of inconsistency.’193
As a result, any decision to repeal the HRA, or to amend the HRA and/or enact a UK Bill of Rights covering Northern Ireland in a way which diminished existing human rights protections, would be likely to breach the Good Friday Agreement. Further it may put the UK in 191
Section 6(2)(c) and 24(1) of the Northern Ireland Act 1998.
192
Section 7(1)(b) of the Northern Ireland Act 1998.
193
Paragraph 2, Rights, Safeguards and Equality of Opportunity: Human Rights in the Multi-Party Agreement, Good Friday Agreement.
101