Sheila Terry (Fine Gael)

I agree with the views expressed by other Senators on this issue. The Irish Human Rights Commission stated:

It is unacceptable to place the courts in a position where they can identify a breach of human rights and not be in a position to give an effective remedy. The whole procedure set out in Section 5 of the Bill is of questionable constitutional validity. Moreover, the Commission finds it difficult to understand how one can purport to incorporate Article 13 of the European Convention on Human Rights (ECHR), which requires the provision of an effective remedy at national level, into domestic law while withholding a domestic judicial remedy for a breach of the Convention. Strasbourg case law establishes the principle that a discretionary remedy is no remedy.

In amendment No. 21, I am mandating the Taoiseach to come to the Government within two months with his remedy, whatever that may be. That is in line with section 10 of the UK Human Rights Act 1998 which provides for remedial action which may be taken by a Minister to amend legislation which has been declared to be incompatible with the convention. We ask for a similar provision here.