Seanad debates

Thursday, 19 June 2003

European Convention on Human Rights Bill 2001: Committee Stage.

 

10:30 am

Photo of Jim WalshJim Walsh (Fianna Fail)

Given that the declaration of incompatibility will be laid before both Houses, what is being sought is that the Government would state what action, if any, is to be taken. The amendments envisage that it may not be necessary to take any action, which could well be the case. In that scenario, surely the Oireachtas can prompt the Executive in the same way as the Executive can give a lead to the Oireachtas. I have no doubt that once this is laid before the Houses, if it is considered to be a matter of general concern, surely it will be raised in the Houses. We should have sufficient confidence in ourselves in that regard. There are provisions in the Bill to compensate the individual party where this declaration arises. Provision is being made to deal with the specific case that will come before the courts. Therefore, we are showing a lack of confidence in ourselves—

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