Brendan Ryan (Labour)

I move amendment No. 19:

In page 6, line 10, after "incompatibility" to insert "and, unless the declaration was made by the High Court and has been appealed, a statement as to the Government's proposals (if any) to address the incompatibility".

One of the extraordinary points – the Minister for Justice, Equality and Law Reform dealt with it on Second Stage – in respect of the Bill is that if a declaration is made and perfected by the courts to the effect that some legislation in the State is incompatible with the provisions of the European Convention on Human Rights, we do not appear to have obliged the State to do anything about it, other than to inform the Oireachtas that it has happened. I realise that there are provisions for individual damages, but surely it is logical that if legislation is incompatible with the European Convention on Human Rights, the State should either seek a derogation under the procedures that are available in certain circumstances or it should change the law to bring it into a position of consistency with the convention.