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Monitoring the Performance of the Police Service in Northern Ireland in complying with the Human Rights Act 1998
* Keir Starmer QC, Doughty Street Chambers. E-mail: k.starmer@doughtystreet.co.uk
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The Human Rights Act 1998, which marked a turning point in the protection of human rights in the UK, requires all public authorities—including the police—to act in a way which is compatible with the individual rights and freedoms contained in the European Convention on Human Rights. It provides individuals with remedies if a public authority breaches their human rights. However, it does not set up a mechanism for monitoring compliance with human rights. In most cases, if monitoring occurs at all, it is on a voluntary ad hoc basis. As far as I am aware, no comprehensive scheme exists to measure human rights compliance anywhere in the UK.
The position for the PSNI, however, is different. The Police (Northern Ireland) Act 2000 specifically mandates the Policing Board in Northern Ireland to monitor the performance of the PSNI in complying with the Human Rights Act 1998. No similar duty has been