Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

Section 3 does not refer to the other remedies which may be relevant in cases of this type, such as injunctions, declarations, what used to be called certiorari, quashing orders and orders like mandamus, all of which are now called judicial review. It is not necessary to refer to them. If a person wishes to injunct a State body from carrying out a function of one kind or another, one does so in the High Court by means of orders for judicial review. There is no need to replicate in large measure the law relating to judicial review and convention issues will be melded into judicial review law. Contrary to some of the criticisms that have been expressed about this particular provision, if one takes into account our existing law on judicial review and the far-reaching effect of the requirement in section 2 whereby the courts have to do their utmost to bring about compatibility of interpretation, one will find that this Bill represents a very robust system of enforcement of convention based rights.

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