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The aim of this book is to analyse whether the implementation of the peacebuilding elements of the Belfast Agreement contributed to the transformation of the protracted Northern Ireland Conflict. Therefore, this book deals with the following sections of the Agreement: Rights, Safeguards and Equality of Opportunity, Decommissioning, Security, Policing and Justice, and Prisoners. The author comes to the conclusion that the majority of the peacebuilding elements contributed to the transformation of the Northern Ireland Conflict. The results of the study were obtained in conducting interviews, in consulting surveys, and in studying reports and other relevant literature on the recent developments in Northern Ireland.
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With around 1500 prisoners and an estate of three prisons, the Northern Ireland Prison Service is a very small prison service. This inquiry was undertaken to examine whether the estate was adequate and appropriate for the secure accommodation of Northern Ireland's prisoners and whether the Prison Service meets the health, education and training needs of prisoners. One of the main conclusions is that the Current Comprehensive Spending Review does not provide sufficient capital for the substantial redesign of the prison estate. If criminal justice is to be devolved the Committee hope that capital investment in the prison estate will be a priority of the Northern Ireland Executive. If not the Secretary of State will have to argue for an increase in funding.
Work of the Committee in 2007 and the state of human rights in the UK : Sixth report of session 2007-08, report, together with formal Minutes
This is the first comprehensive study of direct rule as the system of governance which operated in Northern Ireland for most of the period between 1972 and 2007. The major institutions of governance are described and examined in detail, including the often neglected sectors of the role of the Westminster parliament, the civil service, local government, quangos, ombudsmen offices, cross-border structures and the public expenditure process. The book explains how the complex system covering transferred, reserved and excepted functions worked and provided viable governance despite political violence, constitutional conflict and political party disagreements. In addition, a comparison is drawn between direct rule and devolution, analysing both the positive and negative impact of direct rule, as well as identifying where there has been minimal divergence in processes and outcomes. It will prove an invaluable reference source on direct rule and provide a comparative basis for assessing devolution for students of public administration, government, politics, public policy and devolution.
The Equality Act 2010 is a major landmark in the long struggle for equal rights. This book tells the story of how and why it came to be enacted, what it means, what changes it can bring about in British society, and - no less important - what the Act will not do. The Act is the outcome of over 13 years of research, public debate and campaigning, starting with the publication of Equality: A New Framework. Report of the Independent Review of the Enforcement of UK Anti-Discrimination Legislation by Bob Hepple, Mary Coussey and Tufyal Choudhury (Hart Publishing, 2000). The aim of this book is to examine the aims and structure of the new legal framework and to assess the Act against goals of reform set by the earlier review: harmonising and extending the law on status equality; widening the areas of unlawful conduct; changing organisational policy and behaviour including positive duties to advance equality; and improving enforcement of the law. The book will be essential reading for anyone who wants to understand the Act and the wider context of equality law, including students of law and social sciences, human rights activists and lawyers, as well as the general reader.
FIRST PRIZE WINNER OF THE SLS BIRKS PRIZE FOR OUTSTANDING LEGAL SCHOLARSHIP 2011 How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. There are chapters examining the organisation of the tribunal system, its procedures, the nature of fact-finding in asylum cases and the operation of onward rights of challenge. An examination as to how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions, this book fills a gap in the literature and will be of value to those interested in administrative law and asylum adjudication.
This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates the limitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor of basic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe. The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduous and some gaps in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.
This book examines the governance arrangements in Northern Ireland through a multi-level lens, particularly in the period since the new institutions established through the 1998 Agreement became more firmly embedded.