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Seanad: Order of Business (19 Jul 2016)

Mark Daly: ...pressure being brought to bear on her that she would be destroyed financially because all legal costs would be sought by the State. She then took the State to the European Court of Human Rights, ECHR, and won. We owe her a huge debt. The ECHR said that the State should have been aware of the risk of child abuse in schools and that it was obliged to protect the children. A total of 210...

Written Answers — Department of Foreign Affairs and Trade: UK Referendum on EU Membership (5 Jul 2016)

Charles Flanagan: ...Ireland law and this is an ongoing obligation. The Government has underlined this obligation in the context of British Government proposals to repeal the UK Human Rights Act, which incorporates the ECHR into domestic law and will continue to monitor the situation closely. As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to...

Written Answers — Department of Foreign Affairs and Trade: International Agreements (29 Jun 2016)

Charles Flanagan: ...Ireland law and this is an ongoing obligation. The Government has underlined this obligation in the context of British Government proposals to repeal the UK Human Rights Act, which incorporates the ECHR into domestic law and will continue to monitor the situation closely. As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to...

Seanad: Commencement Matters: Mental Health Services Provision (21 Jun 2016)

Joan Freeman: ...have to endure, which expert groups have recommended but no one has listened to. It is not only these groups that have demanded these changes. In 1997, the European Court of Human Rights, ECHR, found that Ireland was in breach of its commitments in respect of the temporary placement of mentally ill minors in adult institutions due to lack of age-appropriate care places. Despite these...

Ceisteanna - Questions: EU Meetings (25 May 2016)

Enda Kenny: ..., while some came from countries outside the Union. The agreement between the Union and Turkey will not be suspended. It was carefully considered from a legal point of view as not being in contravention of the ECHR, to which the Deputy referred, because there are people on the Turkish mainland who have been there for quite a while and they want to legitimately seek their right to come to...

Written Answers — Department of Foreign Affairs and Trade: Good Friday Agreement (25 May 2016)

Charles Flanagan: ...to Secretary of State for Justice, Michael Gove outlining the Government’s concerns. In his response, Secretary of State Gove stated that there is no intention for the UK to withdraw from the ECHR and committed to full consultation on any proposals in advance of the introduction of legislation. The letter also promised greater engagement on the issue with the Irish Government and...

European Council Meeting: Statements (22 Mar 2016)

Clare Daly: ...of illegal mass expulsions from Europe of people who - let us face it - have an absolute right under international law to seek asylum in Europe. Mass collective expulsions are prohibited under the ECHR. That is what this deal facilitates because there is no institutional capacity on the Greek islands to process refugee applications in such a short time. The only thing that will result...

Written Answers — Department of Education and Skills: European Court of Human Rights Judgments (26 Jan 2016) See 1 other result from this answer

Jan O'Sullivan: ...which requires the State to file Action Plans with the Council of Europe. To date Ireland has filed 3 Action Plans with the Council of Europe outlining the steps being taken to implement the ECHR judgment; the next (4th) Action Plan is due to be submitted on 28 January 2016. In terms of an ongoing dialogue, my most recent discussion with my Cabinet colleagues was earlier this month...

Seanad: International Protection Bill 2015: Committee Stage (Resumed) and Remaining Stages (7 Dec 2015)

Aodhán Ó Ríordáin: ...as suggested would amount to partial incorporation in the State of Article 33(1) of the UN Convention on the Rights of the Child.This would give rise to potentially discriminatory aspects in respect of Article 8 ECHR decision-making.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of Bail Bill 2015: Discussion (4 Nov 2015) See 1 other result from this debate

...10, Senator Ivana Bacik asked about strengthening it. I suggest that at present it is framed in negative language. It might be helpful to go back to the language used in the jurisprudence of the ECHR where it is clear that there is a presumption and a belief that the State bears the burden of proof in showing that a less intrusive alternative to detention would not serve the respective...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Bill of Rights for Northern Ireland: Discussion (22 Oct 2015)

...to paragraph 2, annex 3 of the Joint Declaration:The British Government is committed to bringing forward legislation at Westminster where required to give effect to rights supplementary to the ECHR to reflect the particular circumstances of Northern Ireland. This 2003 declaration shows a commitment to the introduction of legislation. Since 2008 nothing has happened and it has been more...

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland Issues (6 Oct 2015)

Charles Flanagan: ...ongoing bilateral relations and through the European Court of Human Rights at Strasbourg, to raise with the British Government their Article 2 obligations under the European Convention on Human Rights (ECHR) in relation to specific Troubles-related deaths. Over 3,500 people died during the Troubles. The suffering of their relatives and friends endures to this day. I understand and...

Events at Ballymurphy in 1971 and Legacy Issues: Motion (15 Jul 2015)

Gerry Adams: ...our history are still fresh and the pain and grief is as strong as it was 40 years ago, but the families have also refused to be broken. They have refused to hate. They go forward with positivity. They have compiled significant evidence which shows that all who died were killed unlawfully and in breach of Article 2 of the European Convention on Human Rights, ECHR. The case also raises...

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland Issues (14 Jul 2015)

Charles Flanagan: ...of the past. In addition to the new mechanisms, the Northern Ireland Executive has undertaken to take appropriate steps to improve the way the legacy inquest function is conducted to comply with ECHR Article 2 requirements. While good progress has been made across many of the Agreement’s work streams, a way forward needs to be found in relation to the ongoing impasse on welfare...

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland Issues (7 Jul 2015)

Charles Flanagan: ...bilateral relations and through the European Court of Human Rights at Strasbourg, to raise with the British Government their Article 2 obligations under the European Convention on Human Rights (ECHR) in relation to specific Troubles-related deaths. Over 3,500 people died during the Troubles. The suffering of their relatives and friends endures to this day. I understand and acknowledge...

Criminal Justice (Mutual Assistance) (Amendment) Bill 2014 [Seanad]: Second Stage (24 Jun 2015)

Pádraig Mac Lochlainn: ...under Article 8. We know from European case law that the storing of data relating to the private life of an individual in a register and the release of such information falls within the application of Article 8(1) of the ECHR. Therefore, in order for disclosure through mutual assistance to be considered necessary in a democratic society, the disclosure of such data must be proportionate...

Written Answers — Department of Education and Skills: Child Abuse (23 Jun 2015)

Jan O'Sullivan: The Government agreed that out of court settlements be offered in those cases of school child sexual abuse being brought against the State where the cases come within the terms of the ECHR judgment and satisfy the Statute of Limitations. The State Claims Agency is engaging with plaintiffs' solicitors to clarify the position in cases and to make settlement offers where appropriate. In pursuing...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: ...339 and 342 propose to remove the specific reference to the European Convention on Human Rights in the provisions of the Bill. The Long Title of this Bill now provides that the protections of the ECHR will apply to all provisions of this Bill and do not need to be referenced in specific sections. I have received legal advice that the references as currently drafted are problematic as...

Written Answers — Department of Education and Skills: Child Abuse (17 Jun 2015)

Jan O'Sullivan: ..., together. The Government agreed that out of court settlements be offered in those cases of school child sexual abuse being brought against the State where the cases come within the terms of the ECHR judgment and satisfy the Statute of Limitations. The State Claims Agency is engaging with plaintiffs' solicitors to clarify the position in cases and to make settlement offers where...

Written Answers — Department of Jobs, Enterprise and Innovation: Legislative Measures (26 May 2015)

Richard Bruton: ...' right to engage in collective bargaining (the Industrial Relations (Amendment) Act 2001, so as to ensure compliance by the State with recent judgments of the European Court of Human Rights (ECHR). It will provide a clear and balanced mechanism by which the fairness of the employment conditions of workers in their totality can be assessed where collective bargaining does not take...

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