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Not The Minority Report

Mark Devenport | 17:01 UK time, Tuesday, 9 December 2008

Tomorrow is the 60th anniversary of the Universal Declaration of Human Rights. For that reason, Monica McWilliams has picked it as the date to hand over her Human Rights Commission's advice to the Secretary of State. The Good Friday Agreement requested the Commission to advise on rights supplementary to the European Convention on Human Rights, reflecting Northern Ireland's particular circumstances, which could then be worked up into a local Bill of Rights.

However it looks like two unionists on the Commission are set to rain on Monica's parade. It's understood that Daphne Trimble and Jonathan Bell are annoyed that the advice being provided to the government would make for a comprehensive Bill of Rights providing for the kind of social and economic matters which they believe should be a matter for government policy.

In his speech at this weekend's UUP conference Sir Reg Empey said his party "would not stand by and allow powers to pass from democratically elected representatives to unelected judges: and nor will we allow Northern Ireland to be separated from the rest of the Kingdom through the imposition of a Bill of Rights that would not be accepted in any other part of the UK."

That fairly summarises the two Commission members' concerns. It's understood the two wanted to write a minority report or have their dissenting opinions noted. It's thought they aren't happy with the asterisk which they have been given acknowledging their disagreement.

This isn't the first time we have seen a clash between unionists who want a minimalist approach to any future Bill, restricting it to topics like parading, and nationalists and human rights activists who favour a more comprehensive interpretation.

One challenge facing both camps is to find a language in which their argument will be understood by the general public - with concepts like "progressive realisation" of rights knocking around, it's likely that this controversy will go straight over the heads of most people.

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