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Joint Oireachtas Committee on Assisted Dying: Assisted Dying, Legal and Constitutional Context: Discussion (13 Jun 2023)

...: The court would not be able to challenge it but a challenge could be taken and the court will have to have reference to the constitutional position and the European Convention on Human Rights, ECHR, in determining the constitutionality of any regime put in place.

Court Proceedings (Delays) Bill 2023: Second Stage (Resumed) (30 May 2023) See 2 other results from this debate

James Lawless: ...any event, the golden thread of the criminal law says this and has done so for many centuries for very good reason. Deputy Connolly mentioned Article 6 of the European Convention on Human Rights, ECHR, which is addressed in this legislation, and the decision that led to this invoked Articles 6 and 13. Our Constitution, of course, as solid and robust as it has proven over the years and as...

Seanad: 25th Anniversary of the Good Friday Agreement: Motion (30 May 2023) See 1 other result from this debate

Erin McGreehan: ...If the UK Government continues to ignore the overwhelming opposition to this Bill and the obvious breaches of human rights' obligations, including Articles 2 and 3 of the European Convention on Human Rights, ECHR, that must be challenged. The rule of law and respect for victims' rights must be at the centre of legacy processes. To be in politics one must be an optimist. One must be...

Court Proceedings (Delays) Bill 2023: Second Stage (24 May 2023) See 2 other results from this debate

Catherine Murphy: ...a system that does not function as it should], in practice such an award has rarely been granted in the context of undue delay (see the comments of Judge O’Leary in Keaney v Ireland discussed below, where the ECHR noted that the “scope of a damages action, the circumstances in which a complainant is likely to recover damages following delay and questions of quantum all remain...

Seanad: Address to Seanad Éireann by Mr. Bertie Ahern, Former Taoiseach (23 May 2023)

Emer Currie: ...Agreement. The closer-than-close UK and Ireland relationship that was facilitated by daily interactions through shared membership of the EU, shared membership of the European Court of Human Rights, ECHR, through shared laws and regulations must now be recreated. The institutions of the Good Friday Agreement, like the British–Irish Intergovernmental Conference and bodies like the...

Europe Day: Statements (9 May 2023)

Matt Carthy: ...hardening of the Border on the island of Ireland and in defence of the principles of the Good Friday Agreement. The Good Friday Agreement resulted in the European Convention on Human Rights, ECHR, being incorporated into the domestic law in the North, a convention, ironically, in which the British State itself was involved in drafting. That some Tories, 25 years after the Good Friday...

Seanad: Reykjavik Summit of the Council of Europe: Statements (3 May 2023)

Alice-Mary Higgins: ...also has a huge and crucial role in that regard. I welcome some of the points made in the declaration. It talks about the expansion of the application of the European Convention of Human Rights, ECHR. I hope that Ireland will not just support the declaration in principle, but will follow through on it. The declaration also mentions the triple crisis in climate and biodiversity....

Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Report and Final Stages (26 Apr 2023) See 2 other results from this debate

James Browne: ...as it sets a clear bar for the courts to assist them in determining what is incitement to violence or hatred. It is important to stress that the section was expressly drafted in line with the ECHR, does not create a defence for persons who are accused of incitement to violence or hatred and, therefore, cannot be exploited or abused by people who incite hatred to try to avoid a conviction....

Written Answers — Department of Justice and Equality: Departmental Reviews (25 Apr 2023)

Simon Harris: ...the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State and Ireland’s obligations in relation to Constitutional and ECHR rights and international law. The Terms of Reference for the Review Group also included a requirement that the review be undertaken in consultation with relevant stakeholders,...

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland (14 Dec 2022)

Simon Coveney: ...starting point the approach agreed by both Governments and the Executive parties in the Stormont House Agreement. Furthermore, the incorporation into Northern Ireland of the European Convention on Human Rights (ECHR) was a key element of the Good Friday Agreement, helping creating confidence and trust in the rule of law and systems of justice. This Bill seeks to introduce an amnesty...

Seanad: Quality in Public Procurement (Contract Preparation and Award Criteria) Bill 2021: Report and Final Stages (13 Dec 2022)

Alice-Mary Higgins: ...authorities in that regard, as well as the fact that it is already legislated for. The essence of what I want to do with this section is to narrow it down by removing those references to the ECHR and focusing on what was the second part, but is now the only part of this section, which relates to compliance with the Irish Human Rights and Equality Commission Act 2014. The requirement to...

Written Answers — Department of Foreign Affairs and Trade: Northern Ireland (13 Dec 2022)

Simon Coveney: ..., including people who had lost family members to violence, reiterated their opposition to the proposed UK legislation. The incorporation into Northern Ireland of the European Convention on Human Rights (ECHR) was a key element of the Good Friday Agreement, helping creating confidence and trust in the rule of law and systems of justice. This Bill seeks to introduce an amnesty for...

Written Answers — Department of Justice and Equality: Courts Service (13 Dec 2022)

Heather Humphreys: ...the duty to deliver a fair and effective criminal justice system to ensure the protection of communities and the security of the State and Ireland’s obligations in relation to Constitutional and ECHR rights and international law. The Terms of Reference for the Review Group also included a requirement that the review be undertaken in consultation with relevant stakeholders,...

Online Safety and Media Regulation Bill 2022: Report and Final Stages (30 Nov 2022)

Catherine Martin: ...for example, the right to safety and security, are not unduly infringed. This principle of rights balancing is recognised in Irish law, EU law and in the jurisprudence of the European Court of Human Rights, ECHR. I am confident that the Bill sits comfortably within those traditions. For this reason, I am not accepting those amendments. With reference to amendments Nos. 45 and 46, the...

Abuse at Certain Educational Institutions: Statements (24 Nov 2022)

Catherine Murphy: ...and within society as a whole. Even when we do expose historical abuse the State inflicts further damage to victims in the name of so-called redress. In 2014, the European Court of Human Rights, ECHR, ruled that the State failed to protect Louise O’Keefe who was abused in her primary school in the 1970s. The State responded to that ruling with the most callous redress scheme one...

Seanad: Gnó an tSeanaid - Business of Seanad: Northern Ireland (24 Nov 2022) See 1 other result from this debate

Emer Currie: ...the introduction of this legislation bring us? The amendments that were highlighted last night include strengthening the review process so it would be compliant with the European Convention of Human Rights, ECHR, and there would be criminal investigations, if appropriate. There was reference to independence. There would have to be consultation with individuals before the Secretary of...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Legislative Measures (17 Nov 2022)

Catherine Martin: ...which provides for the right of citizens to express freely their convictions and opinions. These provisions are reinforced by equivalent provisions in the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (CFREU). Building on this foundation, the Broadcasting Act 2009 establishes an independent regulator, the Broadcasting Authority...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Northern Ireland Troubles (Legacy and Reconciliation) Bill and the UK Government's Plans around the Human Rights Act: Amnesty International UK (10 Nov 2022) See 7 other results from this debate

...direct access to the courts. Human rights-compliant investigations will be replaced by toothless, light-touch reviews which will not deliver for victims. The time-limited period given for reviews is also not ECHR-compatible. I am sure many before today's session will have mentioned the lack of meaningful consultation, including with the Northern Ireland Human Rights Commission, a Good...

Joint Committee on Tourism, Culture, Arts, Sport And Media: European Media Freedom Act: Discussion (9 Nov 2022)

...journalism. The form of words deployed regarding protection of sources in Article 4 of the proposal does not correspond with the protections under Article 10 of the European Convention on Human Rights, ECHR, and the case law of the ECHR guaranteeing the right of journalists to protect their sources. Indeed Article 4 could be a step backwards in the protection of journalistic sources....