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Written Answers — Department of Communications, Climate Action and Environment: Climate Change Policy (18 Apr 2024)

Eamon Ryan: I propose to take Questions Nos. 134 and 138 together. The Government notes and accepts the ruling delivered by the European Court of Human Rights (ECHR) in relation to case of Verein Klimaseniorinnen Schweiz v Switzerland, and is reviewing its outcome, in close consultation with the Office of the Attorney General. In advance of this review occurring fully, it is not possible to determine...

Seanad: Court Proceedings (Delays) Bill 2023: Second Stage (20 Mar 2024) See 2 other results from this debate

James Browne: ...the potential abuse of the remedy which would only compound court delays. I conclude by reminding Senators that the approach set out in the Bill providing vindication of an individual's constitutional and ECHR rights ensures Ireland is in line with its international obligations. I look forward to hearing the views of Senators on this Bill and am pleased to commend it to the House.

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland (7 Mar 2024)

Micheál Martin: The European Convention on Human Rights (ECHR) is a safeguard fundamental to the Good Friday Agreement and sets a clear benchmark against which to assess actions and legislation affecting Northern Ireland. On 28 February, Mr. Justice Colton delivered his judgment in the High Court in Belfast on the UK government's Legacy Act, finding that that a number of provisions of the UK Legacy Act are...

Written Answers — Department of Justice and Equality: Legislative Measures (22 Feb 2024)

James Browne: .... I would also like to acknowledge the crucial role played in the administration of justice by barristers and solicitors who undertake criminal legal aid work. Their work ensure that the Constitutional and ECHR rights to the presumption of innocence and to due process are fully respected which limits avenues for appeal or prohibition of the prosecution. That was why it was a priority to...

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence: General Scheme of the Defence (Amendment) Bill 2023: Discussion (20 Feb 2024)

...has compromised either of the foregoing explicit provisions - that of State security or democratic necessity. Additionally, PDFORRA requests that consideration be given to the determination of the ECHR that a law that “allows the exercise of unrestrained discretion in individual cases will not possess the essential characteristics of foreseeability and thus will not be a law for...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: United Kingdom Northern Ireland Troubles (Legacy and Reconciliation) Act 2023: Discussion (7 Dec 2023) See 3 other results from this debate

...for rights, equality, justice and much more. The signing of the Human Rights Act 1998 as an integral part of the agreement incorporated into domestic law the European Convention on Human Rights, ECHR. This, largely along with the ending of violence, provided bereaved relatives with a space to reflect and an agency to seek redress. It provide a human rights-based framework hitherto...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Impact of the UK's Illegal Migration Act 2023 on the Good Friday Agreement: Discussion (16 Nov 2023) See 1 other result from this debate

...there from the get-go. In particular, when it was passing through Westminster at that time, concerns were given on the legislation being incompatible with the European Convention on Human Rights, ECHR. Several ministers asked whether it was compatible and they could not give that reassurance. That alone is concerning but what is probably even more concerning for us living on this island...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: .... That is on line 17 on page 10 of the Bill.The purpose currently outlined in section 9(2), as the Bill stands, is consistent with the grounds on which restrictions on privacy rights may be allowed under Article 8 of the ECHR. That is the right to respect for private and family life, home and correspondence. On those grounds, I cannot accept this amendment. Regarding amendment No. 8 in...

Ceisteanna - Questions: Northern Ireland (4 Oct 2023)

Leo Varadkar: ...law. It received royal assent on 18 September. Many groups representing victims as well as many Members of this House have called for an inter-state case to be initiated before the European Court of Human Rights, ECHR, with respect to this Act. The Government has sought legal advice on this matter. It has not yet received this advice but when it is finalised and received, we will...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

James Lawless: ...aid. That has struck me in the past as a glaring gap in the constitutional framework because of the rights that are being exercised, and in respect of the European Convention on Human Rights, ECHR, for that matter. I would be interested in the views around the room on that point. Does anybody agree or disagree with me and if so, why?

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland (28 Sep 2023)

Micheál Martin: ...Europe invited the Chair to send a letter to the British authorities outlining their concerns. This followed their sixth substantive debate on the Bill, which has now been enacted. Incorporation of the ECHR into Northern Ireland law was an explicit requirement of the Good Friday Agreement. Undermining the protection of the fundamental rights of people in Northern Ireland, damages the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Northern Ireland (27 Sep 2023)

Seán Fleming: ...forward was never given a chance, that is, through the work under the Stormont House Agreement. We have serious concerns around the Act’s compatibility with the European Convention on Human Rights, ECHR, referred to by the Senator on a number of occasions in his opening remarks. In particular, we have concerns about the provisions around the granting of immunity for crimes...

Joint Oireachtas Committee on European Union Affairs: Future of the EU-UK Relationship: UK Ambassador to Ireland (12 Jul 2023)

...dimension, it is worth saying that the Prime Minister made clear in the debate on the day of the agreement to the Windsor Framework in the House that the UK is a member of the European Court of Human Rights, ECHR; and the Northern Ireland Secretary of State, in a debate at the end of March, on the 25th anniversary of the Good Friday Agreement appropriately enough said that he completely...

Written Answers — Department of Justice and Equality: Human Rights (11 Jul 2023)

Helen McEntee: ...Expert Review Group appointed to examine all aspects of the Acts on 21 June last, following their consideration by Government. Ireland’s obligations in relation to constitutional and ECHR rights and international law were among the matters that the Review Group was required to take into account alongside the threat posed by domestic and international terrorism and organised...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Impact of Brexit on the Divergence of Rights and Best Practice on the Island of Ireland: Discussion (29 Jun 2023)

...rights and international commitments. To give one example, the Secretary of State was not able to vouch that the Illegal Migration Bill complied with the European Convention on Human Rights, ECHR. We have identified multiple compliance issues with the ECHR and the Refugee Convention. We also believe the Bill breaches Article 2 of the Windsor Framework since the EU asylum acquis provides...

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Helen McEntee: ...deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State; and third , Ireland's obligations with regard to constitutional and European Convention on Human Rights, ECHR rights and international law. The chairperson, Mr. Justice Michael Peart, submitted reports from the majority and minority of the membership in May, and I...

Ceisteanna - Questions: Cabinet Committees (20 Jun 2023)

Leo Varadkar: ...the UN High Commissioner for Human Rights and The Council of Europe has, on five separate occasions, including mostly recently on 7 June in an interim resolution, expressed concern about the Bill's compliance with the ECHR. Discussions concerning the possibility of referral of an interstate case to the court by Ireland on the Bill, in the Government's assessment, are premature, but we do...

Seanad: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Second Stage (13 Jun 2023)

Denis O'Donovan: ...to achieve. In actual fact, we might be going down a cul-de-sac that we might find it hard to recover from, we may be embarrassed in our own Supreme Court and possibly even in the European Court of Human Rights, ECHR. I ask the Minister to stand back a little and give us all time to reflect on this legislation. While it is important in many ways, rushing legislation through is not a...