Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

It is worth noting that Article 13 of the convention which provides for the right to an effective remedy for breaches of the convention is expressly included. In this respect we are going somewhat further than the 1988 Human Rights Act in the UK which omitted this Article from its scope. The term "organ of the State" excludes the courts as well as the President, either House of the Oireachtas, or a committee or joint committee of both Houses. There has been criticism over the exclusion of the courts based on the fact that they are expressly included in the UK Human Rights Act. However, the United Kingdom's courts are not bound by a written constitution. Its judiciary is bound by an oath to the sovereign power which is obliged to do whatever parliament says it can do. In that respect it is fundamentally different from the position of our Judiciary. Our judges, by their declaration, are bound to uphold our Constitution, regardless of what Parliament says or does to them – to the extent that Parliament's wishes are inconsistent with the true meaning and interpretation of the Constitution.

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