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Seanad: Intoxicating Liquor Bill 2003: Second Stage (Resumed). (18 Jun 2003)

Brendan Ryan: It will be struck from the record.

Seanad: Intoxicating Liquor Bill 2003: Second Stage (Resumed). (18 Jun 2003)

Brendan Ryan: Senator O'Toole is a Kerryman.

Seanad: Election Expenses: Motion. (18 Jun 2003)

Brendan Ryan: Yes.

Seanad: Election Expenses: Motion. (18 Jun 2003)

Brendan Ryan: It is in the public domain.

Seanad: Election Expenses: Motion. (18 Jun 2003)

Brendan Ryan: They always are.

Seanad: Election Expenses: Motion. (18 Jun 2003)

Brendan Ryan: To listen to the Government, particularly the Fianna Fáil element, one would think the world only began yesterday. There were reasons the electoral Acts were changed to control expenditure, reasons we all now have to disclose donations, election expenditure is regulated and there is ethics in public office legislation. Overwhelmingly, this is the case because people connected with Fianna...

Seanad: Election Expenses: Motion. (18 Jun 2003)

Brendan Ryan: Fianna Fáil was in government throughout this period but its record in winning by-elections was totally changed following the implementation of these measures. I do not know whether it is cause and effect but Fianna Fáil keeps telling us that expenditure is not the problem. Nobody else believes it is not an issue. Perhaps Fianna Fáil will tell us the reason it wants to continue spending...

Seanad: Election Expenses: Motion. (18 Jun 2003)

Brendan Ryan: I was here at the time.

Seanad: Order of Business. (19 Jun 2003)

Brendan Ryan: I hope the Leader can assure us that the Criminal Law (Insanity) Bill 2002 will not be taken before the summer, so that it is not sprung on the House. I share fully Senator Brian Hayes's view that whatever the urgencies of Government positions, the Intoxicating Liquor Bill 2003 makes reference to 14 other pieces of legislation. The Minister has made it clear that the whole area of regulation...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 1: In page 3, subsection (1), line 25, after "14" to insert ", 34 and 46". Although I read the Minister's Second Stage contribution carefully, I am at somewhat of a loss regarding the process by which certain sections of the convention, which are not incorporated in Irish law, will be incorporated in this legislation while others will not. Amendment No. 1 proposes to...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: Much that the Minister of State said reflects what I said yesterday in respect of the considerable pride this country should take in its early ratification of the idea of extraterritorial jurisdiction for an international institution. I agree with him in that regard. Our commitment to human rights dates back further and, as I have said on many occasions, is manifest in the much-maligned 1937...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 2: In page 3, subsection (1), after line 37, to insert the following new paragraph: "(e) Protocol No. 13 to the Convention concerning the abolition of the death penalty in all circumstances, done a Vilnius on the 3rd day of May, 2002;".

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: If I had time, I am certain I could find an exception where a protocol which was not in force was incorporated into legislation because it was expected that it would be so in the not too distant future. I do not accept that this is a universal rule. However, I will not fall out with the Minister for State over it. It is a wonderful feature of Irish politics that, as far as I am aware, there...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 4: In page 4, subsection (1), line 17, to delete "or a court". This amendment goes to the nub of the views expressed on the degree to which the European Convention on Human Rights will be incorporated into Irish law. The definition of "organ of the State", set out in page 4 of the Bill, specifically excludes, "the President or the Oireachtas or either House of the...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: We have managed to ramble a good deal on this issue but it is central to the Bill. I was taken by the Minister's description of the position in the United Kingdom. In the UK the judiciary is bound by an oath to the sovereign power, which is obliged to do whatever parliament says it can do. I share his dismissive view of the much vaunted British constitution. I have always believed that...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I am talking about Article 4 of the European Convention on Human Rights and the argument the Minister used about vertical and horizontal application.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: The Minister said that the convention is primarily a vertically effective instrument, by which he meant that it is designed as a means of redressing human rights violations as between the individual and the state. The prohibition on slavery is not a matter between the individual and the state. It is not a prohibition on slavery implemented by the state but a prohibition on slavery per se,...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I return to one argument used by the Minister of State. The issue he raised about suing the courts could be dealt with by, among other things, the procedure that Senator Norris suggested. The other argument being used is that the convention is "a vertically effective instrument designed as a means of redressing human rights violations between the individual and the State." I raise the...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: The Commission on Human Rights is not happy with the procedures this Government is adopting. It would prefer a different procedure. Whatever the arguments, eminent members of and authorities from the legal profession take differing views, so it is clearly a matter of opinion as to which is the best route to take. I am resolved to remaining of the same opinion as that with which I started, so...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 6: In page 4, before section 2, to insert the following new section: "2.–The Convention provisions shall be part of the law of the State.". This amendment is self-explanatory. It is a question of whether the convention is part of the law of the State and the amendment moves that it should be.

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