Oireachtas Joint and Select Committees
Wednesday, 18 October 2017
Joint Oireachtas Committee on Children and Youth Affairs
Cyber Security: Discussion (Resumed)
9:30 am
Professor Donncha O'Connell:
They explained what was required by way of two items of criminal law that must be completed in order to allow ratification of those instruments. I will draw attention to another project in the fourth programme of law reform, now that the Deputy has asked the question. It is project No. 10, which is on the domestic implementation of international law more generally. In the next year we are going to publish a discussion paper on that, which is quite a new prospect for the commission. It has a definitive inventory of all our international obligations, which is really useful. It will look at models for the effective implementation of different types of international instruments. This is a topic close to my and Mr. Burke's heart. When the discussion document is out there, it would be wonderful if people engaged directly in the legislative process. We are aware it will be large document considering exactly the different ways in which one can give effect to international instruments.
As the committee knows from Dr. Shannon's reply this morning, ratification of these instruments is dependent on us completing the coming into effect of two items of criminal legislation that are imminent. He is confident that will take place. We always look to the State's ratified international obligations when we are doing our reports. Perhaps more importantly, we look at the domestic law of other comparable jurisdictions to draw on their experiences to inform what we do. We always take an international or comparative approach, mindful of the need for adjustment to the peculiarities of this jurisdiction, with which we are more familiar.