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Written Answers — Department of Justice and Equality: Immigration Policy (14 Dec 2021)

Helen McEntee: ..., they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR). The fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for the scheme which, given the benefits involved, is quite a detailed...

Seanad: Houses of the Oireachtas (Amendment) Bill 2021: Committee and Remaining Stages (9 Dec 2021)

Alice-Mary Higgins: ...that, nor can I recognise the first three years of any other work that person may have done. To take work experience as an example, I have had secretarial assistants who have worked at the European Court of Human Rights, ECHR. That is worth nothing. I give these examples from the recruitment perspective because people are surprised. Members of our group have had extraordinarily...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Garda Síochána (Powers) Bill 2021 (8 Dec 2021)

...a specific penalty attached. Consideration should also be given to an explicit provision for a timely investigation when abuses occur, to be compliant with the European Convention on Human Rights, ECHR. What is especially problematic is the stop and search section, including heads 9 and 16, where there is reference to a computer, which could be a smart mobile device, and it being deemed...

Written Answers — Department of Justice and Equality: Departmental Strategies (25 Nov 2021)

Helen McEntee: ...to Government in the coming weeks. We have also published draft legislation which will put in place a remedy for delays in court proceedings, responding to the McFarlane v Ireland judgement of the ECHR. We have also progressed work to reform the family justice system. Last September, Government approved the General Scheme of the Family Court Bill which will restructure the family...

Written Answers — Department of Justice and Equality: Courts Service (18 Nov 2021)

Helen McEntee: ...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 has indicated to me that there is a considerable body of work involved. The review requires a detailed analysis of a series of complex and...

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....

Seanad: British Government Legacy Proposals: Motion (13 Oct 2021) See 1 other result from this debate

Frances Black: ...of the deliberate passing of time. They also have a right to the full rigour of the law. They have a right to investigations that are compliant with Article 2 of the European Convention on Human Rights, ECHR. They have a right to expect that when all the parties and both Governments sign an agreement, that the agreement will be adhered to. There must be truth and justice for James,...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021) See 3 other results from this debate

Alice-Mary Higgins: ...contact with the Irish State through, and indeed other states, they are entitled to their rights under the Convention Relating to the Status of Refugees. The European Convention on Human Rights, ECHR, must also apply. This is a core issue and there is a danger. There has been a sense of jeopardy and of systematic efforts by the European Union in some of the immigration control deals...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Engagement with the Community Foundation for Ireland (7 Oct 2021) See 1 other result from this debate

...Agreement from what was unfolding. Indeed, we saw that in the context of the UK Government's threat to repeal the Human Rights Act and potentially to withdraw from the European Convention on Human Rights, ECHR, which, as committee members know as well as I do, is a fundamental cornerstone of the Good Friday Agreement. We were concerned that would interfere with children's legal...

Written Answers — Department of Justice and Equality: Departmental Reviews (27 Jul 2021)

Heather Humphreys: ...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 Chair has indicated to me that there is a considerable body of work involved. Nevertheless I know the review group is...

Seanad: Climate Action and Low Carbon Development (Amendment) Bill 2021: Committee Stage (2 Jul 2021)

Alice-Mary Higgins: ...have take action together. It is collective action that is taken, as well as individual action, when human rights are violated. People are entitled under the European Court of Human Rights, ECHR, to redress. Limitation of liability was not in the 2015 Act or in the heads of Bill sent to the joint Oireachtas committee. I am concerned that it has been added to this Bill. It is not for...

Written Answers — Department of Justice and Equality: Human Rights (30 Jun 2021)

Heather Humphreys: ...Court of Appeal, who has been tasked with examining all aspects of the Offences Against the State Acts having regard to, amongst other matters, Ireland’s obligations in relation to Constitutional and ECHR rights and international law. As part of the review, the group are engaged in consultations with relevant stakeholders, including human rights organisations. The members of the...

Written Answers — Department of Justice and Equality: Law Reform (3 Jun 2021)

James Browne: ...consultation, organising a symposium on defamation law reform, examining relevant reforms in other jurisdictions and careful consideration of recent domestic and European Court of Human Rights (ECHR) case law. Unfortunately, completion of the review was delayed last year due to the need to prepare and enact urgent legislation to deal with the COVID-19 pandemic and Brexit. My...

Written Answers — Department of Justice and Equality: Deportation Orders (3 Jun 2021)

James Browne: ...facts and circumstances of the individual case has been conducted, including in relation to their right to a private and a family life under Article 8 of the European Convention on Human Rights (ECHR). Furthermore, it is open to a person subject to a Deportation Order to make a request, under section 3(11) of the Immigration Act 1999 (as amended), to have that order revoked. Any such...

Seanad: Civil Legal Aid (Exclusion of Value of Free or Partly Free Board) (Amendment) Bill 2021: Second Stage (31 May 2021)

Hildegarde Naughton: ...legal aid. The current civil legal aid and advice scheme was launched by the Government in 1980, following the report of the Pringle committee and the judgment in the European Court of Human Rights, ECHR, case taken by Ms Airey. The Legal Aid Board was established to manage the scheme, initially on an administrative basis. The board had and still has a particular, although not...

Seanad Committee on the Withdrawal of the United Kingdom from the European Union: Citizens' Rights in Northern Ireland Post Brexit: Discussion (24 May 2021)

...things like birthright and equality of treatment provisions and rigorous impartiality duties. It does, however, cover other areas, including duties to incorporate the European Convention on Human Rights, ECHR, and a range of other GFA-affirmed rights, including equality of opportunity in all social and economic activity, democratic rights, and rights to choose one's residence. At the...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (Resumed) (27 Apr 2021)

...As highlighted by other submissions, we also agree that there are fundamental questions in respect of human rights and burials, our obligations in law and the European Convention on Human Rights, ECHR, all of which require a more thorough investigative approach involving inquests, forensic investigations and storage of remains than is provided for in the Bill. We would also like to...

Joint Oireachtas Committee on Children and Youth Affairs: General Scheme of a Certain Institutional Burials (Authorised Interventions) Bill: Discussion (14 Apr 2021)

...if at some point Professor Scraton might come in and discuss this more but there are a few things I would like to point out. The question of an Article 2 European Convention on Human Rights, ECHR, inquest goes beyond the immediate cause of death to include contextual causes and circumstances as well. There is evidence that needs to be gained that does not just come from the body. It is...

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement: Working Group on Unification Referendums: Discussion (30 Mar 2021) See 1 other result from this debate

...I should respond also on the definition of "imminent". I think Professor McCrudden dropped out of the meeting for a moment so may not have heard the question about protection of rights under the ECHR. Perhaps we should ask Dr. Kenny to come in first on that and Professor McCrudden can pick up from him. The question of a new constitution is an issue on which we do not take a view as a...

Joint Oireachtas Committee on European Union Affairs: EU Commission Rule of Law Report: Discussion (9 Mar 2021)

.... We also note that work is still ongoing on establishing a compensation scheme to award damages in the event of protracted court proceedings, as required by a European Court of Human Rights, ECHR, judgment. The committee will be aware that we take into account standards for our report, not only the treaties and case law from the European Court of Justice, ECJ, in Luxembourg, but also...