Rights body 'to use powers to the full'

The head of the new Human Rights Commission, Dr Maurice Manning, has said the body would conduct inquiries into human rights …

The head of the new Human Rights Commission, Dr Maurice Manning, has said the body would conduct inquiries into human rights violations, and would appear in court alongside litigants like Mr Jamie Sinnott or the non-national parents of Irish-born children.

Outlining the commission's first strategic plan yesterday, Dr Manning said it would make considered comments on Ireland's position on the war in Iraq, the proposed amendments to the Freedom of Information Bill and the Criminal Trespass legislation in the coming weeks.

He said the commission would also produce a research paper on the human rights of older people.

The Human Rights Commission was set up under the Belfast Agreement, signed five years ago. However, it was only established in July 2001.

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Its first months were marred by a row over its composition as the Government rejected seven out of the eight first names put forward by the selection committee. Most of them were later added to make up the 15-person commission.Dr Manning said the legislation setting up the commission gave it wide powers. "We intend to use these powers to the full."

It has also been given 11 areas of activity, including "keeping under review the adequacy and effectiveness of law and practice in the State relating to the protection of human rights".

He said this meant examining laws, or sections of laws, as they relate to the protection of human rights; looking at how laws operate to see if they are adequate or effective; and where they are not to say so loudly and clearly to the Government and the public.

Commission member Prof William Binchy said the body was necessary because of the gaps in existing constitutional rights.

He said the courts have no power to act on their own initiative, and a person has to prove they have locus standi, or an interest, to take a case. Very often those affected by a denial of their human rights were the people who could least afford to go to court. There were many human rights that could not be given effect by the courts.

"Some minorities are unable to look to the law to defend their human rights adequately. The decisions of the Supreme Court in such cases as Sinnott, T D [relating to the care of disturbed children] and Lobe seem to be examples of instances where particular human rights - to education and family life - could not be said to have been fully vindicated." Prof Katherine Zappone, another commissioner, stressed the work of the commission on economic and social rights.

Commissioner Mr Michael Farrell said the co-operation between the commissions North and South was important. They were already working together, and their first joint committee was on racism. They would shortly publish a "user's guide" on the use of UN conventions against racism and discrimination.

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