Seanad debates
Thursday, 19 June 2003
European Convention on Human Rights Bill 2001: Committee Stage.
To simply say, where a declaration of incompatibility is made, that the Government will tell us about it and, perhaps, compensate the individual if it chooses to do so, is not adequate. The most obvious thing, apart from the person whose case has to be addressed, in terms of the law is that we cannot have legislation continuing in force which has been found by the courts to be incompatible with the European Convention on Human Rights. It is, therefore, a necessary consequence that the Government should tell us what action it should take. In that regard, our amendment suggests the insertion of the words "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". I do not understand why there is not such a provision.
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