Seanad debates
Wednesday, 18 June 2003
European Convention on Human Rights Bill 2001: Second Stage.
It is the case that the Heeney and McGuinness cases, the subject of those three cases, were decided against the persons convicted in the Supreme Court. It was by no means clear to many lawyers at the time that the Supreme Court was coercively driven in that direction. Subsequently, in the National Irish Banks company investigation case which came before the Supreme Court, the Supreme Court realised there was a constitutional right against being forced to incriminate oneself, even by statute, and that the State could not use compelled statements by an accused person to bring about criminal convictions.
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