Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
The Senator canvassed the possibility of slavery. Under this legislation, if the State or an organ of the State – other than the excluded organs of the courts and the Oireachtas – had failed to prevent slavery from taking place, the State could be sued. The State could be sued if a health board, for example, had demonstrably failed to ensure that slavery did not take place in the context of a particular group of individuals living in its functional area. There could, in such circumstances, be a possible right of action against the health board. The Senator is canvassing a far-fetched scenario. Rather than examining these contingencies, we should look at the practical working system of government that operates in the State. The High Court is established by the people in their Constitution and has that protection from having its issues re-litigated.
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