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Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

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...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Barry Ward: I am sympathetic to what Senators are proposing to put in here. However, the Convention Relating to the Status of Refugees and the ECHR already apply. There is no doubt about that. That fact has been recognised by courts in this jurisdiction, in Strasbourg and elsewhere. In the circumstances, I do not think it is necessary to put this in, notwithstanding the legitimate concerns and issues...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

James Browne: ...that the State protects the rights of all of those who come into the State, whether they have been smuggled or not, and those rights arise under the Constitution as well as the 1951 convention, the ECHR and other instruments. Both the ECHR and the 1951 convention are given effect across the breadth of our law. In respect of those seeking asylum, this is most notable in the International...

Seanad: Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage (7 Oct 2021)

Alice-Mary Higgins: ...five or ten years ago some of the practices that we have seen happening across Europe. I do not believe we would have seen some of the erosions of the basic European Convention on Human Rights, ECHR. We need to legislate for good law and then hope for good interpretation. We need to legislate to the highest standard. On prosecutorial discretion, it might be useful to have a sense as to...

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