Finian McGrath (Dublin North Central, Independent)

I thank the Chairman for the opportunity to speak on this amendment. I also strongly support amendment No. 14 and commend Deputy Cuffe for proposing amendment No. 12.

This discussion is about human rights and respect for the human rights of prisoners, citizens and people generally. Nowadays it is not very easy to defend or take a stand on human rights. At times it is unfashionable to do so and there is often a rush to judgement on particular cases. It is important in the course of this debate, while dealing with these amendments, that we understand and take cognisance of Article 3 of the European Convention on Human Rights. We must respect the integrity of human rights issues.

We have an obligation, as Members of the Oireachtas, to challenge countries that do not have a good human rights record. It is important that we raise such matters in the House and are not afraid to speak out, even if we are talking about friends or neighbours. If countries have a disastrous record on human rights, it is up to us to defend the interests of our citizens. This point was brought into sharp focus with the recent kidnapping of Mr. Rory Carroll in Iraq. In that situation, the entire country united and the Minister and Government responded, in the strongest possible way, to protect and defend his rights. We also have a duty to defend and protect our citizens in other situations.

While speaking about amendment No. 14, I also wish to mention again the case of Mr. Christy McGrath, the Irish jockey who is in jail in England at present. His case is an important one and I wish to commend and thank my colleagues, from various political parties, who are supporting him. It is important that we ensure that Mr. McGrath receives the full support of Members of the Oireachtas to bring this miscarriage of justice to an end. I also encourage people to go to England and support his case.

When one is talking about human rights and the rights of prisoners, one must not lose sight of the rights of victims. It is vital that the voices of the victims are heard. The Barron report on the Dublin and Monaghan bombings makes this point. The victims of that atrocity are constantly pleading with the Government and the British Prime Minister, Mr. Blair, to co-operate with the Barron inquiry. Their rights need to be protected under international law but at the moment they are not receiving such protection. I urge the Taoiseach and all Cabinet members to ensure that the victims of the Dublin and Monaghan bombings are given strong support and to demand co-operation from the British Government.

Some countries seem to believe they are above international law and are not required to implement procedures and supports to uphold human rights. Amendment No. 12 asserts that "The Minister shall not make a request for execution of a sentence where there are reasonable grounds to believe that the sentenced person will be exposed to conditions constituting torture or inhumane or degrading treatment or punishment". Article 3 of the European Convention on Human Rights is referred to in amendment No. 14. The provisions of these amendments are essential if there are any problems for a sentenced person or if there is any question that he or she may be subjected to torture or inhumane or degrading treatment or punishment. It is not acceptable for countries to be involved in such activities and the onus is on us, as Members of the Oireachtas, regardless of what we may think of what the sentenced person is alleged to have done, to defend his or her interests and human rights.

I welcome the opportunity to debate these amendments because such debate is very important. I remind Members that respect for human rights must always be at the top of the political agenda, particularly in times of war, crisis or violent international acts. We must constantly be vigilant. I pay tribute to the people around the world, including in this country, who put their necks on the block for human rights. I am thinking of Pat Finucane, Rosemary Nelson and all the lawyers I met when I visited Colombia whose families were shot at and murdered because they were defending the human rights of trade unionists, community groups, prisoners etc. This is why I support amendment No. 14.

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