Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
10:30 am
Brian Lenihan Jnr (Dublin West, Fianna Fail)
The matter raised by the Senator is the same as that which related to amendment No. 15. Essentially, section 4 deals with the doctrine of judicial notice. The Oireachtas frequently includes a section of this type in legislation. Effectively, we are instructing the courts that they do not have to have all the matters set out in the section proved as a matter of evidence. They just need to realise that they are there. Judicial notice can be taken of a wide variety of matters commonly taken in respect of the days of the week, the currency, historical facts and personages. The advice we have received from the Attorney General is that the particular formula used to describe the matters, of which notice should be taken is the appropriate one because it refers to the concept of jurisdiction. This would seem the appropriate way to define a judicial body such as the judicial bodies in Europe.
Amendment, by leave, withdrawn.
Amendment No. 17 not moved.
Section 4 agreed to.
SECTION 5.
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