Brian Lenihan Jnr (Dublin West, Fianna Fail)

This debate relates to section 3 of the Bill, which will create a new remedy in Irish law. It will allow a person who has suffered injury, loss or damage as a result of a contravention of the convention, if no other remedy in damages is available, to institute proceedings to recover damages in respect of the contravention in the appropriate court, the High Court or the Circuit Court under a certain limitation. That right of action for damages is predicated on an organ of State performing its functions in a manner compatible with the State's obligations under the convention provisions.