Seanad debates
Wednesday, 18 June 2003
European Convention on Human Rights Bill 2001: Second Stage.
To reply to Senator Ryan, the Good Friday Agreement obliges the Government to further examine the question of incorporation of the European Convention on Human Rights in the wider context of strengthening and protecting human rights. That is what was decided, as Senator Mansergh pointed out very clearly. That is what the Good Friday Agreement states. There was no reference to incorporation of the convention into the Constitution or domestic law per se. In any case incorporation has many meanings. I am advised that what is proposed in the Bill accords with the Oxford English Dictionary definition of the word "incorporation". In a possible conflict between the Constitution and the convention the Constitution will prevail. As the Minister said, incorporation of the convention into the Constitution is neither necessary nor required. The outcome of any possible referendum on the issue, which we would have to have, cannot be predicted with any accuracy. I think Senator Mansergh also adverted to this—
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