Oireachtas Joint and Select Committees

Wednesday, 14 May 2014

Joint Oireachtas Committee on Justice, Defence and Equality

Garda Oversight: Discussion

11:40 am

Mr. David Joyce:

That is how we would see it. The sixth principle is not our own, as such; it is the State’s. The State has signed up to the convention as part of its legislative process. The State is amenable to it and it applies to it. The European Court of Human Rights has been consistent in cases over the years in respect of the two principles that relate to oversight of police operations where there are serious violations of the specific articles of the convention. Incorporation of the principles of the convention into Irish legislation adds to the Patten principles in some sense. In a nutshell, those principles certainly would go a long way, not to perfection but perhaps to-----