Seanad debates

Thursday, 19 June 2003

European Convention on Human Rights Bill 2001: Committee Stage.

 

Under section 3 a new right of action for damages accrues in respect of a breach by an organ of State of obligations under the convention. We must define "organ of State" for the purposes of this new right of action in damages and we are excluding the courts from the definition. We are not allowing the courts to be sued in that respect for the reason I have outlined. To permit the courts to be sued in respect of a breach of obligation in that respect would be to re-open litigation and encourage a multiplicity of lawsuits. Essentially, it would allow persons to relitigate, in the guise of an argument about the convention, a law case which the person had already lost. The Government agrees with the Minister that the introduction of such a measure would cause considerable difficulty in the courts and considerable relitigation of issues which are already concluded as far as litigation is concerned.

Comments

No comments

Log in or join to post a public comment.