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Written Answers — Department of Employment Affairs and Social Protection: Court Judgments (26 Sep 2018) See 1 other result from this answer

Willie Penrose: ...Social Protection her plans to deal with the outcome of the UK Supreme Court case on the exclusion of cohabitees from claiming widowed parent's allowance and the findings of eligibility under the ECHR; and if she will make a statement on the matter. [38857/18]

Pathway to Redress for Victims of Convicted Child Sexual Abusers: Motion [Private Members] (4 Jul 2018) See 1 other result from this debate

Richard Bruton: ...Institutions Redress Scheme, over €1.24 billion was paid to some 15,000 survivors of abuse, the bulk of this coming from taxpayers’ funds; - in respect of day schools, the 2014 European Court of Human Rights’ (ECHR) judgment found that the State failed in its obligation, in specific circumstances, to protect Louise O’Keeffe from sexual abuse by a teacher; and...

Bail (Amendment) Bill 2017: Second Stage [Private Members] (27 Jun 2018)

Charles Flanagan: ...he will have crafted his proposals with this in mind. I am advised, however, that the proposals in this Bill are inconsistent with the Constitution and the European Convention on Human Rights, ECHR. The decision on whether to grant bail is a judicial issue rather than an executive power. In introducing the Bill last December, Deputy O'Callaghan rightly asserted that his proposals do...

Written Answers — Department of Education and Skills: European Court of Human Rights Judgments (27 Jun 2018) See 1 other result from this answer

Richard Bruton: The Deputy may be referring to the ex-gratia scheme established in the aftermath of the ECHR judgment in the Louise O’Keeffe case.  Since this Judgement, the State Claims Agency (SCA) which is mandated to act on behalf of the State in cases of historic child abuse, has been notified of many claims.  These are either (a) claims which are entirely newly instituted or (b) are...

Apology for Persons Convicted of Consensual Same-Sex Sexual Acts: Motion (19 Jun 2018)

Donnchadh Ó Laoghaire: ...The move to make homosexual acts no longer illegal followed a 16 year long legal battle which began in 1977, when Senator David Norris began a case against Ireland's draconian laws. In 1988, he succeeded in the European Court of Human Rights, ECHR, on this case. I acknowledge the work and campaigning of Senator Norris and also the other men who took the case with him. I also acknowledge...

Topical Issue Debate: European Court of Human Rights Judgments (31 May 2018)

Caoimhghín Ó Caoláin: ...paranoia, severe anxiety, depression, hallucinations, disorientation and loss of consciousness. In 1976 the Irish Government took the British Government to the European Court of Human Rights, ECHR, which found the British Government guilty of torture. The British appealed and managed to have the judgment overturned in 1978 when the ECHR judged that the five techniques used to...

Seanad: European Court Decision: Motion (16 May 2018) See 1 other result from this debate

Joe O'Reilly: ...periods. They were also deprived of food and drink. Furthermore, there were the episodes involving helicopters and the horrendous fear that was instilled in the men as a result. In 1978, the ECHR found that the use of these techniques on the men by the British authorities amounted to inhumane and degrading treatment but did not constitute torture. The court entered the realm of...

Written Answers — Department of Foreign Affairs and Trade: Human Rights Cases (3 May 2018)

Seán Crowe: ...ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact the deadline for appealing a 20 March 2018 decision from a chamber of the European Court of Human Rights, ECHR, regarding the torture of persons (details supplied); and if he will support the request of these persons to appeal the 20 March 2018 decision to the Grand Chamber of the ECHR. [19382/18]

Questions on Promised Legislation (24 Apr 2018)

Mary Lou McDonald: ...are in the Public Gallery. They have just held a briefing session for Deputies and Seanadóirí in the audiovisual room. As the Taoiseach will know, last month the European Court of Human Rights, ECHR, rejected a request by the Government to find that the men had suffered torture at the hands of the British army and the RUC special branch. The 14 men involved were tortured for...

Data Protection Bill 2017 [Seanad]: Second Stage (17 Apr 2018)

James Lawless: ...founded post the Second World War, including the Universal Declaration of Human Rights and the United Nations Commission on Human Rights, UNCHR, and the European Convention on Human Rights, ECHR, later on. It emanated from concerns about promoting peace and international co-operation and ensuring that the events of the Second World War would never happen again. The state does not need to...

Written Answers — Department of Education and Skills: Departmental Legal Cases (31 Jan 2018)

Richard Bruton: ..., the Government authorised the SCA to offer “out of court” settlements to persons taking High Court cases of school child sexual abuse against the State where their cases come within the terms of the ECHR judgment in the O’Keeffe case and are not statute barred. Separately and in addition, in July 2015, the Government agreed that it would respond to those who...

Written Answers — Department of Education and Skills: Child Abuse (30 Jan 2018)

Richard Bruton: ...2014, the Government authorised the SCA to offer “out of court” settlements to persons taking cases of school child sexual abuse against the State where their cases come within the terms of the ECHR judgment in the O’Keeffe case and are not statute barred.  In July 2015, the Government agreed that it would respond to those who instituted legal proceedings in...

European Council Meeting: Statements (13 Dec 2017)

Róisín Shortall: ...enshrined in EU law." The text of the Good Friday Agreement states, "The British Government will complete incorporation into Northern Ireland law of the European Convention on Human Rights, ECHR, with direct access to the courts and remedies for breach of the Convention, including power for the courts to overrule Assembly legislation on grounds of inconsistency." However, that is all...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017) See 1 other result from this debate

...information guaranteed by Article 11. The independent review commissioned by the Minister for Justice and Equality gave recommendations that also affirm EU and European Convention on Human Rights, ECHR, law. The former Chief Justice Mr. John Murray headed the review, and refers in his report to two key judgements by the European Court of Justice. The first of these is the case of Digital...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

...Jack Chambers, that there is no journalistic protection in the legislation. We say that this is not just in breach of the recommendations made by Mr. Justice Murray, it is in clear breach of European Convention on Human Rights, ECHR, case law. The latter stresses that journalistic data has to be carved out as a special entity requiring special protections. It also requires that in all...

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Termination Arising From Rape: Mr. Tom O'Malley, NUI Galway; Dublin Rape Crisis Centre; and Dr. Maeve Eogan, Rotunda Hospital (25 Oct 2017)

...but rather some kind of serious grounds. Again, the question is how those grounds would be established. Some countries require a report from a prosecutor. A Polish case recently came before the ECHR. In Poland, the local prosecutor is entitled to issue a certificate saying that he is satisfied that a rape took place. In that case, it was what we would call a sexual act with a person...

Written Answers — Department of Justice and Equality: Data Protection (19 Oct 2017)

Mick Wallace: ...data of Irish citizens pending the final resolution of issues pertaining to the Communications (Retention of Data) Act 2011 and-or amending legislation conforming with EU law and obligations under the ECHR; and if he will make a statement on the matter. [44275/17]

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations (4 Oct 2017) See 1 other result from this debate

Professor Siobhán Mullally: It differs depending on the European Convention of Human Rights, ECHR, laws or international human rights laws. When it comes to the latter, it is very clear that domestic law is no reason for non-compliance with international human rights law. There is, then, a right to lawful abortion as a matter of international human rights law. There is no possibility of...

Joint Oireachtas Committee on the Eighth Amendment of the Constitution: Eighth Amendment of the Constitution: Constitutional Issues Arising from the Citizens Assembly Recommendations (27 Sep 2017)

Rónán Mullen: ...even warned about the dangers of violations of international human rights law. It always amazes me - all of the witnesses here are lawyers - how bodies such as the European Court of Human Rights, ECHR, can tell us that we have a margin of appreciation in these areas, which in lay persons' terms means that where there is not a moral consensus, so to speak, countries can legislate according...

Written Answers — Department of Education and Skills: Departmental Legal Costs (26 Jul 2017)

Richard Bruton: ...the reporting period will not equate to the sum of the claims in each year as there may be payments made for a single claim across multiple years. **The higher figures in 2016 and 2017 in respect of the agency legal costs reflect payments to the agency’s solicitors and counsel in respect of advices concerning the implications of the ECHR judgement in Louise O’Keefe v Ireland....

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