Schedule 3: Protection for certain rights, safeguards etc in Belfast Agreement
The purpose of Schedule 3 is to make provision for the ‘no diminution’ commitment and the arrangements necessary for the ‘dedicated mechanisms’ required under Article 2(1) of the Protocol on Ireland/Northern Ireland. That Article states that there is to be no diminution of rights, safeguards and equality of opportunity as set out in the ‘Rights, Safeguards and Equality of Opportunity’ chapter of the Belfast (Good Friday) Agreement 1998 in Northern Ireland resulting from the UK’s withdrawal from the EU, including in the area of protection against discrimination enshrined in the provisions of EU law listed in Annex 1 to the Protocol. This is to be implemented by way of ‘dedicated mechanisms’.
	Paragraph 1 highlights that the subsequent sections make amendments to the Northern Ireland Act 1998.
	Paragraphs 2 and 3 of Schedule 3 contain the following amendments to the Northern Ireland Act 1998:
paragraph 2 inserts a fetter into section 6(2) of the Northern Ireland Act 1998, which prevents the Northern Ireland Assembly from legislating incompatibly with Article 2(1) of the Protocol;
paragraph 3 inserts a fetter into section 24(1) of the Northern Ireland Act 1998 which prevents Northern Ireland Ministers and departments from acting in a way which is incompatible with Article 2(1) of the Protocol.
	Paragraphs 4 and 6 insert new subsections into section 69 and 74 of the Northern Ireland Act 1998 respectively, signposting to the new sections of that Act which set out the new functions and powers of the Northern Ireland Human Rights Commission (NIHRC) and the Equality Commission for Northern Ireland (ECNI) as part of the ‘dedicated mechanisms’, as required under Article 2(1) of the Protocol.
	Paragraph 5 amends section 71 of the Northern Ireland Act 1998 to clarify the NIHRC’s ‘own motion’ standing powers to challenge the compatibility of legislation with the European Convention on Human Rights, via the Human Rights Act 1998. The combined effect of these amendments is that the criteria and restrictions set out in section 71(2B)(a)-(d) do not apply where the NIHRC brings these proceedings under section 69(5)(b) (proceedings involving law or practice relating to the protection of human rights) and the NIHRC will be able to bring these proceedings without being required to show that there would be an actual or potential victim.
	Paragraph 7 inserts new sections 78A to 78E into the Northern Ireland Act 1998 which set out the functions the NIHRC and ECNI will have as part of the dedicated mechanism.