Seanad debates
Wednesday, 18 June 2003
European Convention on Human Rights Bill 2001: Second Stage.
Section 2 is the first of the three key provisions in the Bill. It gave rise to some confusion in the Lower House so I will provide this House with some further information on it. The section provides that any statutory provision, in the widest possible sense, as well as any provision of the rules of common law – such as the rule against hearsay, compellability of a spouse or any rule of law of that kind which is not found in statute – shall be interpreted as far as possible in a manner compatible with the State's obligations under the convention. This provision applies to laws made both before and after the passing of the Bill. It is both prospective and retrospective and is a thorough and potentially far-reaching interpretative obligation. I remarked in the Lower House that the obligation on the courts to interpret our laws applies to the extent that the failure to do so would be inconsistent with the State's obligations under the convention. This rule applies to all courts – the District Court, the Circuit Court, the High Court the Court of Criminal Appeal and the Supreme Court – at all times and it is subject to the Constitution.
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