Results 1-10 of 10 for echr speaker:Michael McDowell

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Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: ...were somebody comes through the process in Ireland who we eventually want to send back to the UK? They can make the point that they will not go back because the Rwanda policy has been found by the ECHR to be in breach of the convention. Is that going to remain a serious issue, from our point of view, unless and until the UK Government abandons Rwanda?

Joint Oireachtas Committee on Justice, Defence and Equality: EU Regulations and Directive on International Protection, Asylum and Migration: Discussion (Resumed) (30 Apr 2024)

Michael McDowell: I accept that is the Department's intention. However, as I understand it, from both ECHR law and the court decisions until now by the Supreme Court in England, the use of Rwanda is considered unlawful under international law. I am asking a very simple question. I wonder is a lot of this academic, because people will actually be able to say to the Irish courts that what Ms Justice Phelan...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: .... To require the person to be of good behaviour in addition to not infringing the criminal law is, in the view of the legal advice available to me, going a step too far and is doubtful under ECHR terms.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Michael McDowell: ...General has advised me that that is a bridge too far as a ground for depriving somebody of his or her liberty, that the person is likely to be below model citizen status. That would infringe ECHR standards as a condition of allowing somebody not to be in prison when they are still presumed innocent.

Forensic Testing. (2 Feb 2006)

Michael McDowell: ...where databases are already in operation. I am on record in this House as favouring the establishment in this State of as extensive a DNA database as possible subject to constitutional and ECHR obligations. However, having regard to the complexity and sensitivity of the issues involved, I considered it appropriate to await the outcome of the Law Reform Commission's examination of this...

Written Answers — Registration of Title: Registration of Title (25 Jan 2006)

Michael McDowell: ...that she placed, with effect from 7 December 2005, on the processing of applications based on adverse possession of land was temporary, pending consideration of the European Court of Human Rights, ECHR, judgment in the case of JA. Pye (Oxford) Ltd. v. the United Kingdom. The stay was lifted with effect from 5 January 2006. The full implications of the judgment in this case have yet to be...

Written Answers — Equality Legislation: Equality Legislation (18 Oct 2005)

Michael McDowell: ...Convention on Human Rights Act 2003, every organ of the State is obliged to perform its functions in a manner compatible with the State's obligations under the European Convention on Human Rights, ECHR. Article 14 of the ECHR provides that the enjoyment of the rights and freedoms set forth in the ECHR, such as right to liberty and security, right to a fair trial, shall be secured without...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage. (28 Jun 2005)

Michael McDowell: ...at CCTV that we asked the Attorney General's office if it was happy that we were operating it without a statutory basis and the advise was that there should be a statutory basis for it under the ECHR and so on.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: ...Court of Human Rights based on the failure of the Irish courts to deliver a reserved judgment in a case and compensation was awarded to the party affected by it. In the context of the recent ECHR legislation which I piloted through the Houses and which is now law, I exempted the Judiciary, the administration of justice, from the application of the Act itself, but a quid pro quo or...

Written Answers — Prisoners' Voting Rights: Prisoners' Voting Rights (4 May 2004)

Michael McDowell: As I indicated previously, in reply to Question No. 175 of 7 April 2004 and Question No. 693 of 27 April 2004, the European Court of Human Rights, ECHR, in a judgment adopted on 9 March 2004, found that a breach of Article 3 of Protocol 1 to the European Convention on Human Rights had occurred in a case taken by a prisoner in the United Kingdom. The prisoner, who is serving a sentence of life...