Tom Parlon (Laois-Offaly, Progressive Democrats)

The amendments propose that the Minister should not make a request for the execution of a sentence where there are reasonable grounds for believing the sentenced person will be liable to torture or inhuman or degrading treatment. The additional protocol is a Council of Europe instrument. Support for human rights is a core value which underpins the Council of Europe. The Council is committed to the principles of respect for universal and indivisible human rights, fundamental freedoms and the rule of law. Member states of the Council are obliged to observe the fundamental rights and principles covered by the convention for the protection of human rights and fundamental freedoms — the European Convention on Human Rights, ECHR.

A non-member state of the Council of Europe is first evaluated by the Council before being allowed to accede to its instruments. In addition, Ireland will operate the arrangements under this legislation where the other party is not only a member of the Council's protocol but also has been designated by the Minister for Foreign Affairs following an assessment of the state's suitability.

Deputy Costello asked about the number of designations. There have been none so far, they must await ratification of the protocol, but they will be made by the Minister for Foreign Affairs. The designation can be revoked if conditions deteriorate in the relevant state under section 9(4)(a). The Deputy also referred to hard labour and penal servitude. Under the same subsection, such conditions will not be allowed if the sentence is served in Ireland. That is stated clearly in the legislation.

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