Commentary on Sections Human Rights Commission Section 16: Investigation: access to prisons, &c.
54.This section inserts new section 69C into the Northern Ireland Act 1998. It grants the Commission the power to enter places of detention.
55.Subsection (1) of new section 69C provides that, for the purpose of an investigation under section 69(8) of the Northern Ireland Act 1998, the Commission may authorise a person to access a place of detention in Northern Ireland. Subsection (3) lists the places of detention in Northern Ireland that are covered by this power and subsection (12) grants the Secretary of State the power to amend, by order, this list. Subsection (4) requires the Commission, before exercising the power conferred on it by subsection (1), to conclude that the matter it wishes to investigate, with regard to a specified place of detention, has not already been sufficiently investigated by another person. Subsection (6) allows for a place of detention to apply to the county court to order that the power conferred by subsection (1) may not be used to enter a place of detention; to impose restrictions on the use of this power; and to require the Commission to amend its terms of reference. Subsection (9) allows for the Commission to apply to a county court to apply for an order requiring a person to stop obstructing access to a place of detention. Subsection (10) creates a new criminal offence where a person fails, without reasonable excuse, to comply with an order made under subsection (9).