Michael McNamara (Clare, Independent) | Oireachtas source

There will always be exceptions that states will cling to to justify breaches of international law, just as our near neighbour clings to exceptions, or sought to do so. This is the first time that I am aware of that Ireland has spoken about exceptions. The other is a case that did not arise as recently, which is with regard to not having to justify the DPP's election to send a case to the Special Criminal Court. That is not something that concerns us right now because it is not germane to this Bill whereas this is.

On that basis I have no alternative but to press the amendment if the Minister's position is that we can throw out the line that there are exceptions when it does not suit us, and when we are found to be in breach of international law. It is a very disappointing position for the Government to adopt and a very worrisome one for the State to adopt given that Ireland has been to the forefront of advancing human rights.

Indeed, when it is human rights that the Minister likes, she seems to be quite prepared to stand behind them even if the basis in international law is very meagre, weak and feeble. If it is human rights that we like, we are happy to advance them but that is not how human rights work. They work in respect of rights we do not like but that we have to acknowledge, respect and deal with, as well as with people with whom we do not necessarily agree. It is not those rights that we like in respect of people we like because that is an easy thing to do. It is the opposite that is the case; it is the rights that we do not wish to protect, to adhere to or to enshrine that we nonetheless have no choice in accepting because that is what the rule of law is about. We do not enter into commitments that we are not willing to adhere to. This State entered into that commitment, a case was taken and the State lost. On that basis, I press the amendment.

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