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Pre-European Council Meeting: Statements (20 Oct 2021)

Michael McNamara: ...effective remedy is a central tenet of the rule of law. The third issue I draw to the Minister of State's attention is the O'Keeffe judgment against Ireland in the European Court of Human Rights. ECHR judgments are not enforceable, or cannot be relied upon, in the domestic legal order in the same way that judgments by the Court of Justice of the European Union, CJEU, can....

Forestry Bill 2013: Report Stage (Resumed) (17 Sep 2014)

Michael McNamara: ...wanted to compensate forestry owners, but because it felt there was a legal requirement to do so, arising from the UK Human Rights Act, which incorporated the European Convention on Human Rights, ECHR, and the property rights guaranteed in it into UK law. We have a similar incorporation measure here, the European Convention on Human Rights Act. Therefore, I was initially perplexed on...

Committee on Health and Children: Select Sub-Committee on Health: Protection of Life During Pregnancy Bill 2013: Committee Stage (Resumed) (3 Jul 2013)

Michael McNamara: ...in which they can avail of them and, most importantly, the procedures medical personnel can carry out without facing the risk of criminal prosecution. That removal of doubt was required by the ECHR judgment. Nevertheless, section 22(4) states: "For the avoidance of doubt, it is hereby declared that subsection (1) [the offence to intentionally destroy unborn human life] shall not apply in...

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