Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

The Bill proposes to bring the convention more fully into Irish law by making rights under the convention enforceable in Irish courts. However, I have a problem with the method by which the Minister proposes to do this, the reasons for which have already been put to him in the Dáil. The Bill does not propose to incorporate the convention into Irish law, only to give it more effect in this jurisdiction. The Fine Gael Party believes that the European Convention on Human Rights should be adopted directly as part of our legislation. We agree with the views expressed by the Human Rights Commission, the Bar Council, the Law Society of Ireland and others, that the convention should be placed in a superior position to ordinary laws, subject only to the Constitution, and should be capable of direct enforcement by means of all appropriate judicial remedies before the Irish courts. The Minister has adopted a minimalist approach to this important matter and the bodies to which I have just referred disagree. Why does the Minister feel he is omnipotent in this matter? He makes a good case, but why do these bodies still disagree with him?

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