ABSTRACT
The Act establishes a Human Rights Commission,26 consisting of a Chief Commissioner and other Commissioners appointed by the Secretary of State, who, in making the appointments, must ensure so far as practicable that the Commissioners, as a group, are representative of the community in Northern Ireland.27 The functions of the Commission include ensuring the adequacy and effectiveness of law and practice in relation to the protection of human rights, and reporting to the Secretary of State such recommendations as are considered necessary to improve law and practice. The Commission has a duty to advise the Assembly on the compatibility of Bills with human rights. The Commission is also under a duty to promote understanding and awareness of the importance of human rights in Northern Ireland. The Commission may conduct such investigations as it considers necessary or expedient. The Commission may also give assistance to individuals and bring proceedings in relation to human rights law and practice.28 Where a person applies for assistance, the Commission may grant the application on the grounds that the case raises a question of principle; that it would be unreasonable to expect the person to deal with the case without assistance, or that there are other special circumstances warranting assistance. Assistance includes the provision of legal advice, arrangements for legal representation and any other assistance the Commission thinks appropriate.29 No person,
excepting the Attorney General, Attorney General for Northern Ireland, the Advocate General for Scotland or the Lord Advocate, may challenge the compatibility of legislation with Convention rights, or rely on Convention rights in legal proceedings, unless he or she is a ‘victim’ as interpreted by the European Court of Human Rights.30
