Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

I thank the House for its generosity in the time it will give this important Bill. I will listen attentively to the contributions of Senators. I hope they will agree that it represents the strongest form of incorporation of the convention in our domestic law consistent with constitutional considerations. Although my critics have been blunt and direct in their criticism of this Bill, I believe that right is on the Government side of the argument and that what we have done is compatible with what will be the situation in Northern Ireland in particular. Other models of incorporation were suggested, such as constitutional incorporation, or a hopelessly ill-fated suggestion that it should be sub-constitutional but nonetheless systemic incorporation as law of the State. If they had been followed, the legal situation North and South of the Border would have been radically different in regard to the European Convention on Human Rights and the way in which the courts approach it. I strongly believe that, as a result of this, the day will come when, on most human rights issues, county courts in Northern Ireland and the High Court in Belfast – admittedly there are different constitutional arrangements in both parts of this island – will address most cases on the basis of the same principles, or at least on the basis of a mutually shared set of interpretative goals.

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