Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
10:30 am
Brendan Ryan (Labour)
I move amendment No. 18:
In page 6, between lines 8 and 9, to insert the following new subsection:
"(3) The registrar of the court concerned shall transmit a certified copy of an order containing a declaration of incompatibility to the Chief State Solicitor within 7 days of the perfection of the order.".
The lawyers from whom I take advice indicate a slight gap in the process. Therefore, amendment No. 18 proposes that, where a declaration of incompatibility is made, there should be a clear process of transmission of that declaration from the judicial process to the State.
On amendment No. 20, my legal advisers tell me that the making of an order is not the final stage of a judicial process. The order has to be perfected, which means that any process of appeal, or otherwise, has to be completed. Therefore, orders only have legal effect when perfected, not when made because there is a period left for appeal etc. These two amendments are not in any way central to the Bill but are genuine attempts to be helpful.
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