Seanad debates

Wednesday, 18 June 2003

European Convention on Human Rights Bill 2001: Second Stage.

 

10:30 am

Photo of Geraldine FeeneyGeraldine Feeney (Fianna Fail)

I thank Senator Kett for sharing his time with me. We can be proud in this House of the role which Ireland has played on the international stage in the whole area of human rights. It is worth noting that the provisions of the European Convention on the Protection of Human Rights and Fundamental Freedoms were formally ratified by Ireland as far back as 1953, some 50 years ago. It is also worth pointing out that some of our European neighbours have only recently accepted the all-important right of individual petition to the European Court of Human Rights in Strasbourg. The brutality of the Second World War and horrors of the Holocaust profoundly impacted on those who framed the convention. Watching the RTE "Leargas" programme last night from Bosnia, part of the former Yugoslavia, refreshed my mind to the awfulness of the conflict that took place there. Today, more than ever, we should remember this. It should be first and foremost in all our minds.

We all know that the current situation in Ireland is such that arguments based on convention rights, if they can be raised at all before domestic courts, are not of persuasive effect under Irish law. The situation requires that a person wishing to vindicate a right under the convention must first exhaust all possible remedies under Irish law before going to plead his or her case before the European Court of Human Rights in Strasbourg. This is most unsatisfactory. It is for this reason that I welcome the provisions of the Bill which will provide for the bringing of cases involving alleged breaches of rights under the convention before the Irish courts. This is a welcome development for Irish citizens who previously had to exhaust very lengthy and expensive avenues to have their cases heard here first, before going to the European Court of Human Rights.

I know I have very little time but I wish, in the time I have left, to highlight the plight of men who find themselves precluded from visiting their children, or who even find themselves unsuccessful in gaining access to their children. Last weekend I heard on radio of an event held to coincide with Father's Day. It was a silent protest in Dublin held to draw attention to this very issue. This is one of the most important aspects of the European Convention on the Protection of Human Rights and Fundamental Freedoms. It will allow such men to go forward and have their cases heard. It is individuals such as the men who protested last weekend who will get great solace and achieve so much out of the Bill.

I previously omitted to welcome the Minister of State. I say, "Well done" to him and the Government for bringing the Bill before us.

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