Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 15:

In page In page 11, to delete lines 24 to 27.

Amendments Nos. 15, 338, 339 and 342 propose to remove the specific reference to the European Convention on Human Rights in the provisions of the Bill. The Long Title of this Bill now provides that the protections of the ECHR will apply to all provisions of this Bill and do not need to be referenced in specific sections.

I have received legal advice that the references as currently drafted are problematic as they, being within brackets, only serve as guidance and do not have the legal effect we had intended when including them originally. I am advised that including the reference instead in the Long Title is the most appropriate means of referring to the protections offered by the ECHR. The removal of the specific reference to the ECHR does not diminish the protections for wards who are the subject of detention orders. The provisions of Part 9 have been explicitly drafted within the context of the ECHR and to comply with its obligations. Consequently, the protections of the ECHR will remain available to persons coming within the scope of this Part.