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Mother and Baby Institutions Redress Scheme: Motion [Private Members] (19 Oct 2022)

Pauline Tully: ...does not meet Ireland’s human rights obligations to ensure truth, justice and accountability under the International Covenant on Civil and Political Rights, ICCPR, the European Convention on Human Rights, ECHR, and our Constitution’s protection of due process and fair procedures. No justice can be delivered if the evidence never comes to light or is maintained in a parallel...

Seanad Public Consultation Committee: Constitutional Future of the Island of Ireland - Public Policy, Economic Opportunities and Challenges: Discussion (7 Oct 2022)

Frances Black: ...used North and South serve as a model for what a united Ireland welfare system could look like? Would Professor Dickson favour the introduction of stronger European Convention on Human Rights, ECHR, adoption legislation in the South that would allow superior courts to strike down legislation for ECHR non-compliance?

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Architects of the Good Friday Agreement (Resumed): Mr. Mark Durkan (29 Sep 2022) See 2 other results from this debate

...from Brexit. Its rights promises have been serially neglected or frustrated, deliberately eroded in this Commons mandate and threatened with eradication if the European Convention on Human Rights, ECHR, is further relegated or even repudiated. We have to be honest about such divergences and deficits in implementing the agreement. These also include the gross misapplication of the...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: EU-UK Withdrawal Agreement: Discussion (22 Sep 2022) See 1 other result from this debate

...everyone on this island. Our joint work is more important now than ever given, for example, the new UK Prime Minister’s stated willingness to withdraw the UK from the European Convention on Human Rights, ECHR. The ECHR is an essential part of the Good Friday Agreement. We cannot allow the equality and human rights framework that underpins peace on this island to be a matter of...

Seanad: An tOrd Gnó - Order of Business (21 Sep 2022) See 1 other result from this debate

Barry Ward: .... They are very welcome. In the context of the EU, colleagues here are members of the Parliamentary Assembly of the Council of Europe. It is responsible for the European Court of Human Rights, ECHR, in Strasbourg. This week it elected Síofra O'Leary, the Irish judge, as the president of the court. That is a tremendous honour. Síofra O'Leary is a very accomplished European...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Committee and Remaining Stages (13 Jul 2022)

Lynn Ruane: ...from assisting the press in informing the public on matters of public interest". Thus, the lack of protection for journalistic sources in this Bill is not in line with the requirements of the ECHR. Case law clearly rules that surveillance aimed at identifying journalistic sources should go through a heightened screening process, including prior independent judicial approval. Any form of...

Seanad: Communications (Retention of Data) (Amendment) Bill 2022: Second Stage (11 Jul 2022)

Lynn Ruane: ...form of illegality. Special protections for journalists’ data is another area in which we intend to submit an amendment. It is a requirement under the European Convention on Human Rights, ECHR, that surveillance aimed at identifying journalistic sources should go through a heightened screening process, including prior independent judicial approval. I hope we get time this week to...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: British Government Legacy Proposals: Discussion (7 Jul 2022) See 3 other results from this debate

...waited decades for truth and justice. The breaches of the Good Friday Agreement relate to the way the agreement guaranteed the specific incorporation of the European Convention on Human Rights, ECHR, as well as issues relating to the devolution settlement. There are specific issues under Articles 2 and 3 of the ECHR that require independent and effective investigations into certain...

Communications (Retention of Data) (Amendment) Bill 2022: Second Stage (5 Jul 2022)

Catherine Murphy: ...as part of a criminal inquiry into a third party. It is, therefore, hard to comprehend why this Bill, five years on, fails to provide for the protection of journalists’ sources. It is a requirement under the European Court of Human Rights, ECHR, that surveillance that is aimed at identifying journalistic sources must go through a heightened screening process, including prior...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Architects of the Good Friday Agreement (Resumed): Mr. Jonathan Powell (30 Jun 2022)

...subject. Unfortunately I cannot remember at what stage we agreed what on the bill of rights. I hope the speculation about the British Government leaving the European Convention on Human Rights, ECHR, is just speculation. I do not believe it would or could. It would be another very big problem in the context of Northern Ireland if it tried to do so. Any British lawyer will say it is...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) (Amendment) Bill 2022: Discussion (30 Jun 2022)

Patrick Costello: ...to those relating to some of the questions already asked, relates to legal frailty. If this legislation is ignoring the Corcoran decision, as well as CJEU and European Court of Human Rights, ECHR, jurisprudence, if the current form is not compliant and if we have not really complied with the mandatory consultation with the DPC in the context of the general data protection regulation,...

Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Report and Final Stages (29 Jun 2022) See 1 other result from this debate

Roderic O'Gorman: ..., the Supreme Court. This case affirmed that constitutional rights cannot be swept away by a piece of legislation, such as wardship. It stated that the law itself must be compliant with the ECHR, and it is not enough for deprivation of liberty measures to be simply lawful in a domestic sense. The Supreme Court judgment forced the legal system to ensure deprivations of liberty in all...

Offences against the State (Amendment) Act 1998: Motion (29 Jun 2022)

Jim O'Callaghan: ...Court, which will be, I suppose, the dominant part of the debate when we come to the motions, people should take into account what is in our Constitution and in the European Convention on Human Rights, ECHR. Article 38 of the Constitution deals with trials for offences and it sets out the mechanism by which people are to be prosecuted in accordance with law. It sets out what the law is....

Seanad: Offences against the State (Amendment) Act 1998: Motion (29 Jun 2022) See 1 other result from this debate

James Browne: ...crime, 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 chair of the review group has recently reported that the group has had significant engagement with relevant stakeholders, statutory agencies and...

Written Answers — Department of Foreign Affairs and Trade: European Convention on Human Rights (28 Jun 2022)

Simon Coveney: ...for breaches of the Convention in domestic courts, was a fundamental commitment under the Good Friday Agreement, which was implemented by adopting the Human Rights Act.  The incorporation of the ECHR into Northern Ireland law by way of the Human Rights Act has been essential in creating confidence in Northern Ireland’s political, policing and judicial structures over the past...

Written Answers — Department of Foreign Affairs and Trade: Brexit Issues (23 Jun 2022)

Simon Coveney: ...Government Departments. The incorporation of the European Convention on Human Rights into UK domestic law was a critical part of the Good Friday Agreement. The rights protections afforded by the ECHR and the Human Rights Act have been essential in creating confidence in Northern Ireland’s political, policing and judicial structures over the past 24 years. We are very...

Written Answers — Department of Culture, Heritage and the Gaeltacht: Departmental Policies (21 Jun 2022)

Catherine Martin: ...Article 40(6)(1°) the Constitution provides for the right of citizens to express freely their convictions and opinions. These provisions are reinforced by the European Convention on Human Rights (ECHR) and the Charter of Fundamental Rights of the European Union (CFREU). Article 11 of the CFREU provides for the right to freedom of expression and that the freedom and pluralism of...

Select Committee on Children and Youth Affairs: Assisted Decision-Making (Capacity) (Amendment) Bill 2022: Committee Stage (14 Jun 2022)

Roderic O'Gorman: ...with international law, if we want to bring the text of a convention into domestic law, we do so by an Act of the Oireachtas. For example, we signed up to the European Convention on Human Rights, ECHR, and subsequently incorporated it into domestic law. We put the entire text of the convention into a Bill, which became the European Convention on Human Rights Act 2003. We can debate...

Written Answers — Department of Justice and Equality: Departmental Reviews (31 May 2022)

Helen McEntee: ...and organised crime, 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...

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