Seanad debates

Thursday, 19 June 2003

European Convention on Human Rights Bill 2001: Committee Stage.

 

It is impossible to attempt an exhaustive list. The legislation lays down a standard, namely, "organ of the State". The Bill places a positive duty on organs of the State to perform their functions in a manner compatible with the State's obligations under the convention. The definition of an "organ of the State" is designed to address the problem of the public and private spheres. The test under the Bill is simple: if the organ of the State is established by law, it falls within the definition. If it is not established by law but exercises the legislative, executive or judicial powers of the State, it also falls within the definition. To accept this amendment would be to mix two completely different approaches to the issue. For that reason, I am not prepared to do so.

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